CELEX: C2000/355/46
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court of First Instance of 29 September 2000 in Case T-87/98: International Potash Company v Council of the European Union (Anti-dumping duties — Fixed duty combined with a variable duty — Dumping margin — Principle of proportionality — Statement of reasons)

9.12.2000              EN                     Official Journal of the European Communities                                      C 355/21
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 3 October 2000
                     of 29 September 2000
                                                                         in Case T-187/98: Pascual Juan Cubero Vermurie v Com-
                                                                                   mission of the European Communities (1)
in Case T-87/98: International Potash Company v Council
                   of the European Union (1)                                 (Officials — Promotions — Mobility — Admissibility)
                                                                                                    (2000/C 355/47)
(Anti-dumping duties — Fixed duty combined with a variable
duty — Dumping margin — Principle of proportionality —
                      Statement of reasons)                                                  (Language of the case: French)
                                                                         In Case T-187/98: Pascual Juan Cubero Vermurie, an official
                         (2000/C 355/46)                                 in the Commission of the European Communities, residing in
                                                                         Brussels, represented by E. Boigelot, of the Brussels Bar, with
                                                                         an address for service in Luxembourg at the Chambers of
                                                                         L. Schiltz, 2, rue du Fort Rheinsheim, against Commission of
                                                                         the European Communities (Agents: C. Berardis-Kayser and
                  (Language of the case: English)                        F. Clotuche-Duvieusart) — application for, first, the annulment
                                                                         of the decision of 6 April 1998 not to promote the applicant
                                                                         to Grade A 5 during the 1998 promotions and, secondly,
                                                                         compensation for material and non-material damage caused
In Case T-87/98: International Potash Company, established in            to the him as a result of his non-promotion — the Court
Moscow (Russia), represented by J.F. Bellis and R. Luff, of the          of First Instance (Fifth Chamber), composed of R. Garcı́a-
Brussels Bar, with an address for service in Luxembourg at the           Valdecasas, President, P. Lindh and J.D. Cooke, Judges; G. Her-
Chambers of A.F. Brausch, 8 Rue Zithe, against Council of the            zig, administrator, for the Registrar, gave a judgment on
European Union (Agents: S. Marquardt, H. J. Rabe and                     3 October 2000, in which it:
G. Berrisch), supported by the Commission of the European
Communities (Agents V. Kreuschitz and N. Khan) and by the                1.    dismisses the application.
European Potash Producers’ Association, represented by
D. and D. Ehle, Rechtsanwälte, Cologne, with an address for              2.    orders the parties to bear their own costs.
service in Luxembourg at the Chambers of M. Lucius, 6 Rue
Michel Welter — application for annulment of Article 1 of
Council Regulation (EC) No 449/98 of 23 February 1998                    (1) OJ No C 20 of 23.1.99.
amending Regulation (EEC) No 3068/92 in respect of definitive
anti-dumping duties on imports of potassium chloride orig-
inating in Belarus, Russia and Ukraine (OJ 1998 L 58, p. 15)
— the Court of First Instance (Third Chamber, Extended
Composition), composed of: M.K. Lennaerts, President, and
J. Azizi, R.M. Moura Ramos, M. Jaeger and P. Mengozzi, Judges;
B. Pastor, Principal Administrator, for the Registrar, has given
a judgment on 29 September 2000 in which it:                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 24 October 2000
1.    Dismisses the application;
                                                                         in Case T-178/98: Fresh Marine Company SA v Com-
2.    Orders the applicant to pay its own costs and the costs of the               mission of the European Communities (1)
      Council and the European Potash Producers’ Association;
                                                                         (Provisional anti-dumping and countervailing duties —
                                                                         Farmed Atlantic salmon — Non-contractual liability of the
3.    Orders the Commission to bear its own costs.                                                    Community)
                                                                                                    (2000/C 355/48)
(1) OJ C 234, 25.7.98.
                                                                                            (Language of the case: English)
                                                                         In Case T-178/98: Fresh Marine Company SA, established in
                                                                         Trondheim, Norway, represented by J.-F. Bellis and B. Servais,