CELEX: C1999/001/23
Language: en
Date: 1999-01-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 November 1998 in Case T-147/97 Champion Stationery Mfg Co. Ltd and Others v. Council of the European Union (Anti-dumping duties - Administrative procedure - Final disclosure - Modification of anti-dumping duties - Rights of defence) (1999/C 1/23)

C 1/12               EN                  Official Journal of the European Communities                                 4.1.1999
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 19 November 1998                                                 of 25 November 1998
in Case T-147/97 Champion Stationery Mfg Co. Ltd and                in Case T-222/97: Alfons Steffens v. Council of the
        Others v. Council of the European Union (1)                 European Union and Commission of the European
                                                                                           Communities (1)
(Anti-dumping duties Ð Administrative procedure Ð
Final disclosure Ð Modification of anti-dumping duties Ð            (Action for damages Ð Non-contractual liability Ð Milk
                      Rights of defence)                            Ð Additional levy Ð Reference quantity Ð Producers
                                                                    having entered into non-marketing or conversion
                        (1999/C 1/23)                               undertakings Ð Compensation Ð Regulation (EEC)
                                                                                 No 2187/93 Ð Limitation period)
                                                                                            (1999/C 1/24)
               (Language of the case: English)
In Case T-147/97: Champion Stationery Mfg Co. Ltd, a                              (Language of the case: German)
company established in Hong Kong, People's Republic of
China, Sun Kwong Metal Manufacturer Co. Ltd, a
company established in Hong Kong, People's Republic of
China, and US Ring Binder Corporation, a company                    In Case T-222/97: Alfons Steffens, residing af Aschendorf
established in New Bedford, Massachussetts, United States           (Germany), represented by Walter Remmers, Willy Meyer
of America, represented by Richard Luff, of the Brussels            and Angelika Kleymann, Rechtsanwälte, Papenburg, with
Bar, with an address for service in Luxembourg at the               an address for service in Luxembourg at the Chambers of
Chambers of Loesch and Wolter, 11 Rue Goethe, against               Turk and Prum, 13a Avenue Guillaume, against Council
Council of the European Union (Agents: Antonio Tanca                of the European Union (Agent: Jan-Peter Hix, assisted by
and Eva Karlsson, assisted by Hans-Jürgen Rabe and                  Hans-Jürgen      Rabe     and   Marco     NuÂnÄez   Müller,
Georg M. Berrisch, Rechtsanwälte, Hamburg and                       Rechtsanwälte, Hamburg and Brussels) and Commission
Brussels), supported by Commission of the European                  of the European Communities (Agent: Dierk Booû,
Communities (Agents: Viktor Kreuschitz and Nicholas                 assisted by Hans-Jürgen Rabe and Marco NuÂnÄez Müller,
Khan), Koloman Handler GesmbH, established in Vienna                Rechtsanwälte, Hamburg and Brussels) Ð application for
(Austria), and Robert Krause GmbH & Co. KG,                         compensation for the damage allegedly suffered by the
established in Espelkamp, Germany, represented by Rainer            applicant as a result of his having been prevented from
M. Bierwagen, Rechtsanwalt, Berlin and Brussels,                    marketing milk pursuant to Council Regulation (EEC)
interveners Ð application for annulment of Council                  No 857/84 of 31 March 1984 adopting general rules for
Regulation (EC) No 119/97 of 20 January 1997 imposing               the application of the levy referred to in Article 5(c) of
definitive anti-dumping duties on imports of certain ring           Regulation (EEC) No 804/68 in the milk and milk
binder mechanisms originating in Malaysia and the                   products sector (OJ L 90, 1.4.1984, p. 13), as
People's Republic of China and collecting definitively the          supplemented      by Commission        Regulation (EEC)
provisional duties imposed (OJ L 22, 24.1.1997, p. 1) in            No 1371/84 (OJ L 132, 18.5.1984, p. 11) Ð the Court of
so far as it concerns the applicants Ð the Court of First           First Instance (First Chamber), composed of: B.
Instance (Fourth Chamber, Extended Composition),                    Vesterdorf, President, R. M. Moura Ramos and P.
composed of: P. Lindh, President, R. García-Valdecasas, K.          Mengozzi, Judges; A. Mair, Administrator, for the
Lenaerts, J. D. Cooke, and M. Jaeger, Judges; J. Palacio            Registrar, has given a judgment on 25 November 1998, in
GonzaÂlez, Administrator, for the Registrar, has given a            which it:
judgment on 19 November 1998, in which it:
                                                                    1. Dismisses the application;
1. Dismisses the application;
                                                                    2. Orders the applicant to pay the costs.
2. Orders each of the parties to bear their own costs.
(1) OJ C 199, 28.6.1997.                                            (1) OJ C 318, 18.10.1997.