CELEX: C1999/160/45
Language: en
Date: 1999-06-05 00:00:00
Title: Case T-58/99: Action brought on 26 February 1999 by Mukand Limited, Isibars Limited, Ferro Alloys Corporation Limited and Viraj Impoexpo Limited against the Council of the European Union

C 160/24               EN                     Official Journal of the European Communities                                          5.6.1999
Action brought on 26 February 1999 by Mukand Limited,                    — The adoption of the Definitive Regulation is vitiated by the
Isibars Limited, Ferro Alloys Corporation Limited and                         infringement of a fundamental procedural requirement
Viraj Impoexpo Limited against the Council of the Euro-                       pursuant to article 10.9 of the Basic Regulation and/or
                            pean Union                                        article 13.1 of the ASCM, thus making the Definitive
                                                                              Regulation void ab initio, having been initiated without due
                                                                              consultation with the Government of India.
                           (Case T-58/99)
                                                                         — The Definitive Regulation infringes articles 1.1, 2.1(a)(ii)
                          (1999/C 160/45)                                     and 15.2 of the Basic Regulation and/or articles 1.1(a)1(ii)
                                                                              and 19.3 of the ASCM, and/or the principle of pro-
                                                                              portionality, and/or makes a manifest error of assessment
                   (Language of the case: English)                            of the facts and procedure, by imposing countervailing
                                                                              duties in inappropriate amounts in respect of the Indian
                                                                              ‘Passbook Scheme’.
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 26 February 1999 by Mukand Limited,                       (1) Council Regulation (EC) No 2026/97 of 6 October 1997 on
Isibars Limited, Ferro Alloys Corporation Limited and Viraj                  protection against subsidised imports from countries not members
Impoexpo Limited, represented by Dr. Konstantinos Ada-                       of the European Community (OJ L 288, 21.10.1997, p. 1).
mantopoulos and Mr Jonathan Branton, with an address for
service in Luxembourg at the Chambers of Arendt & Meder-
nach, 8-10, rue Mathias Hardt.
The applicant applies to the Court for:
— a declaration, pursuant to articles 173 and 174 of the
    Treaty establishing the European Communities (‘the
    Treaty’), that Council Regulation (EC) No 2450/98 of                 Action brought on 1 March 1999 by Malcolm Townsend
    13 November 1998 imposing definitive countervailing                    against the Commission of the European Communities
    duties against imports of stainless steel bars originating in
    India (‘the Definitive Regulation’), adopted pursuant to
    the Basic Regulation (1) is null and void. The Definitive                                       (Case T-60/99)
    Regulation was published in the Official Journal of the
    European Communities on 14 November 1998 (OJ L 304,
    14.11.1998, p. 1),                                                                             (1999/C 160/46)
— an order that the costs of an occasioned by these proceed-
    ings be borne by the defendant.                                                          (Language of the case: French)
                                                                         An action against the Commission of the European Communi-
Pleas in law and main arguments                                          ties was brought before the Court of First Instance of the
                                                                         European Communities on 1 March 1999 by Malcolm Town-
The applicants are fully integrated producer-exporters of                send, residing at Sterrebeek (Belgium), represented by Jean-
stainless steel bright bars and exported these bars to the               Noël Louis and Greta-Françoise Parmentier, of the Brussels
Community during the period of investigation relevant to the             Bar, with an address for service in Luxembourg at the offices
Definitive Regulation.                                                   of Fiduciaire Myson SARL, 30, rue de Cessange.
By the Definitive Regulation a definitive countervailing duty            The applicant claims that the Court should:
ranging from 14,4 to 25,5 % was imposed on imports of
stainless steel bars falling within CN Codes 7222 20 11, 7222            — annul the Commission’s decision refusing to cover the
20 21, 7222 20 31 and 7222 20 81 originating in India.                        applicant’s wife against the risks of sickness and accidents,
The applicants submit that the Definitive Regulation should be           — order the Commission to pay the costs.
annulled on the following grounds:
— The Definitive Regulation infringes articles 1.1, 8.1, 8.6,            Pleas in law and main arguments
    8.7 and 15.1 of the Basic Regulation and/or articles 15
    and 19 of the 1994 World Trade Organisation’s Agreement
    on Subsidies and Countervailing Measures (ASCM), and/or              The applicant, a grade A 4 official, works in the Secretariat of
    makes a manifest error of assessment of the facts and the            the Monetary Committee (DG II). His wife was seconded as a
    law, by imposing a countervailing duty in the absence of a           teacher to the European School in Brussels until 1995. Since
    correct and proper determination that imports of the                 then, she has been in receipt of an early retirement pension.
    product concerned have caused material injury to the                 She resides with the applicant in Brussels and is no longer in
    Community industry producing the like product.                       employment.