CELEX: C1998/327/40
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 July 1998 in Case T-118/96: Thai Bicycle Industry Co. Ltd v Council of the European Union (Dumping - Normal value - Constructed value - Production costs - Selling, general and administrative expenses - Profit margin - OEM adjustment)

C 327/22             EN                  Official Journal of the European Communities                                24.10.98
2. Orders the Commission to pay the costs;                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 15 September 1998
3. Orders the United Kingdom of Great Britain and                   in Case T-94/96: Martin Hagleitner v Commission of the
     Northern Ireland to bear its own costs.                                          European Communities (1)
                                                                    (Officials Ð Open competition Ð Selection board Ð
(1) OJ C 180, 22.6.1996.                                                          Examiners Ð Correction of tests)
                                                                                             (98/C 327/39)
                                                                                   (Language of the case: German)
                                                                    In Case T-94/96: Martin Hagleitner, residing in Vienna,
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                    represented by Harald Svoboda, of the Vienna Bar, with
                    of 15 September 1998                            an address for service in Luxembourg at the Chambers of
                                                                    Maître Alex Schmitt, 62 Avenue Guillaume, against
in Case T-54/96: Oleifici Italiani SpA and Fratelli Rubino          Commission of the European Communities (Agents: Julian
Industrie Olearie SpA v Commission of the European                  Currall and Bertrand Wägenbaur) Ð application for
                       Communities (1)                              annulment of the measures adopted by the Commission in
(Agriculture Ð Financing of intervention measures Ð                 the context of Competition COM/A/904 or, at the very
Suspension of all payment due for storage of a                      least, the decision of the Selection Board in that
consignment of olive oil pending verification of its                competition not to admit the applicant to the oral tests Ð
 characteristics Ð Action for annulment and for damages)            the Court of First Instance (Second Chamber), composed
                                                                    of A. Kalogeropoulos, President, and C. W. Bellamy and J.
                        (98/C 327/38)                               Pirrung, Judges; J. Palacio GonzaÂlez, Administrator, for
                                                                    the Registrar, has given a judgment on 15 September 1998
                                                                    in which it:
                (Language of the case: Italian)
                                                                    1. Annuls the decision of the Commission contained in
In Case T-54/96: Oleifici Italiani SpA, established at                  Mr Liikanen's letter of 18 September 1995 rejecting
Ostuni, Italy, Fratelli Rubino Industrie Olearie SpA,                   the applicant's request of 7 August 1995 for
established at Bari, Italy, represented by Antonio Tizzano,             verification and an enquiry as regards the proper
Gian Michele Roberti and Francesco Sciaudone, of the                    conduct of the assessment procedure and the results of
Naples Bar, 36 Place du Grand Sablon, Brussels, against                 Competition COM/A/904;
Commission of the European Communities (Agents:
Eugenio de March and Alberto Dal Ferro) Ð application,              2. Dismisses the remainder of the application;
first, for annulment of the letter of 7 February 1996 from
the Commission to inter alia the Italian authorities and
the Azienda di Stato per gli Interventi nel Mercato                 3. Orders the Commission to pay the costs.
Agricolo, the Italian intervention agency, allegedly
ordering the blocking of any payment due for the storage            (1) OJ C 247, 24.8.1996.
of olive oil for the 1991/1992 and 1992/1993 marketing
years, pending verification of its wax content, and,
second, for compensation for the damage allegedly
suffered by the applicants as a result of the Commission's
conduct Ð the Court of First Instance (Second Chamber),
composed of: A. Kalogeropoulos, President, C. W. Bellamy
and J. Pirrung, Judges; J. Palacio GonzaÂlez, Administrator,          JUDGMENT OF THE COURT OF FIRST INSTANCE
for the Registrar, has given a judgment on 15 September
                                                                                           of 17 July 1998
1998, in which it:
                                                                    in Case T-118/96: Thai Bicycle Industry Co. Ltd v
                                                                                  Council of the European Union (1)
1. Dismisses the application;
                                                                    (Dumping Ð Normal value Ð Constructed value Ð
                                                                    Production costs Ð Selling, general and administrative
                                                                          expenses Ð Profit margin Ð OEM adjustment)
2. Orders the applicants to pay their own costs and to
     bear those incurred by the Commission jointly and                                       (98/C 327/40)
     severally.
                                                                                    (Language of the case: English)
(1) OJ C 180, 22.6.1996.
                                                                    In Case T-118/96: Thai Bicycle Industry Co. Ltd,
                                                                    established in Samutprakarn (Thailand), represented by
 ---pagebreak--- 24.10.98             EN                  Official Journal of the European Communities                                C 327/23
Jean-FrancËois Bellis and Richard Luff, of the Brussels Bar,        1. The application is dismissed.
with an address for service in Luxembourg at the
Chambers of Freddy Brausch, 11 Rue Goethe, against
Council of the European Union (Agents: Antonio Tanca,               2. The applicant is ordered to pay the costs.
Hans-Jürgen Rabe and Georg M. Berrisch) Ð application
for the annulment of Council Regulation (EC) No 648/96              (1) OJ C 199 of 28.6.1997.
of 28 March 1996 imposing a definitive anti-dumping
duty on imports of bicycles originating in Indonesia,
Malaysia and Thailand and collecting definitively the
provisional duties imposed (OJ L 91, 12.4.1996, p. 1) Ð
the Court of First Instance (Fourth Chamber, Extended
Composition), composed of: P. Lindh, President, R.
García-Valdecasas, K. Lenaerts, J. D. Cooke and M.                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Jaeger, Judges; B. Pastor, Principal Administrator, for the                             of 16 September 1998
Registrar, has given a judgment on 17 July 1998, in which
it:                                                                 in Case T-215/97: Sari Kristiina Jouhki v Commission of
                                                                                    the European Communities (1)
                                                                    (Officials Ð Notice of competition Ð Refusal to admit to
1. Dismisses the application;                                                                competition)
                                                                                            (98/C 327/42)
2. Orders the applicant to pay the costs.
                                                                                   (Language of the case: Finnish)
( ) OJ C 318, 26.10.1996.
 1
                                                                    In Case T-215/97: Sari Kristiina Jouhki, a nurse, residing
                                                                    in Pyhäjärvi, Finland, represented by Harri Ojala, of the
                                                                    Oulu Bar, against Commission of the European
                                                                    Communities (Agent: Esa Passivirta) Ð application for
                                                                    annulment of the decision of the Selection Board in Open
                                                                    Competition COM/B/973 not to allow the applicant to
   JUDGMENT OF THE COURT OF FIRST INSTANCE                          take part in the competition Ð the Court of First Instance
                                                                    (Fourth Chamber), composed of: P. Lindh, President, K.
                       (Third Chamber)                              Lenaerts and J. D. Cooke, Judges; A. Mair, Administrator,
                                                                    for the Registrar, has given a judgment on 16 September
                    of 15 September 1998
                                                                    1998 in which it:
in Case T-142/97: EugeÂnio Branco Ld.a v Commission of
               the European Communities (1)
                                                                    1. Dismisses the application;
(Actions for annulment Ð European Social Fund              Ð
Reduction of financial contribution Ð Certification by    the
                                                                    2. Orders the parties to bear their own costs.
Member State Ð Error of assessment of the facts            Ð
Legitimate expectations Ð Legal certainty                  Ð
                        Proportionality)                            (1) OJ C 357, 22.11.1997.
                         (98/C 327/41)
             (Language of the case: Portuguese)
                                                                         ORDER OF THE COURT OF FIRST INSTANCE
                                            a
In Case T-142/97: EugeÂnio Branco Ld., established in                                      of 20 July 1998
Lisbon, represented by Bolota Belchior, of the Vila Nova
                                                                          in Case T-61/96: JoseÂ Francisco Meoro AvileÂs v
de Gaia Bar, with an address for service in Luxembourg at
                                                                           Commission of the European Communities (1)
the Chambers of Jacques Schroeder, 6 Rue Heine, against
Commission of the European Communities (Agents: Maria               (Notices of competition Ð Non-submission of application
Teresa Figueira and Knut Simonsson) Ð application for                       Ð Action for annulment Ð Inadmissibility)
the annulment of the decision of the Commission C(96)
3170 of 16 December 1996 reducing a financial                                               (98/C 327/43)
contribution granted by the European Social Fund to the
applicant Ð the Court of First Instance (Third Chamber),                           (Language of the case: Spanish)
composed of V. Tiili, President, C. P. BrieÈt and A. Potocki,
Judges; Blanca Pastor, Principal Administrator, for the
Registrar, gave a judgment on 15 September 1998, the                In Case T-61/96: JoseÂ Francisco Meoro AvileÂs, a technical
operative part of which reads as follows:                           industrial engineer, residing in Alcantarilla (Spain),