CELEX: C1996/180/83
Language: en
Date: 1996-06-22 00:00:00
Title: Action brought on 12 April 1996 by Primex Produkte Import-Export GmbH & Co. KG, Gebr. Kruse GmbH and Interporc Im- und Export GmbH against the Commission of the European Communities (Case T-50/96)

22 . 6 . 96            EN                   Official Journal of the European Communities                                No C 180/33
— the contested regulation is not adequately reasoned in so            Second plea:
     far as the Council did not consider the applicant's
     argument based on the cooperating Thai producer's                 The Commission wrongly assumed that the criteria for
     request that the normal value for Thailand be                     remission of import duties under Article 13 of the remission
     established on the basis of the sales made by that                regulation were not fulfilled. In monitoring and supervising
     producer's related company on the Japanese market,                imports falling within the Hilton quota, the Commission
                                                                       committed serious errors, and it was solely as a result of
— infringement of the basic Regulation, by making a                    those errors that it was possible for imports to be effected, in
     comparison between the normal value and the export                the quantities now determined and over a period of two
     price which infringes Article 2.9.a(ii ) of that                  years, on the basis of the submission of falsified certificates
     Regulation.                                                       of authenticity. In the contested decision, the Commission
                                                                       misjudged the extend of its misconduct and the legal
                                                                       consequences arising therefrom.
                                                                       Third plea:
Action brought on 12 April 1996 by Primex Produkte
Import-Export GmbH & Co. KG, Gebr. Kruse GmbH and                      The Commission breached essential rules of procedure, by
Interporc Im- und Export GmbH against the Commission of                denying Germany's representative at the meeting of experts
                  the European Communities                             of the Member States, held on 4 December 1995 , any
                                                                       opportunity to submit oral comments .
                          ( Case T-50/96 )
                            ( 96/C 180/83 )                            Fourth plea:
               (Language of the case: German)                          The Commission breached the applicants' right to a fair
                                                                       hearing, since it did not grant them any direct hearing in
An action against the Commission of the European                       accordance with the law . The Commission was under an
Communities was brought before the Court of First                      obligation to do so, despite the fact that the procedural rules
Instance of the European Communities on 12 April 1996 by               laid down by the Regulation implementing the Community
Primex Produkte Import-Export GmbH & Co. KG, of                        Customs Code did not provide for direct participation by
Hamburg ( Federal Republic of Germany), Gebr. Kruse                    the applicants in the proceedings before the Commission .
GmbH, of Hamburg ( Federal Republic of Germany ), and
Interporc Im- und Export GmbH, of Hamburg ( Federal                    Fifth plea:
Republic of Germany ), represented by Georg M. Berrisch,
Rechtsanwalt, Brussels, with an address for service in                 Lastly, the contested decision infringes Article 190 of the EC
Luxembourg at the Chambers of Guy Harles of Messrs                     Treaty, since it is inadequately reasoned .
Arendt & Medernach, 8— 10 Rue Mathias Hardt.
The applicants claim that the Court should :
— annul the decision of the Commission of 26 January
     1996 in case REM 8/95 , 11 /95 and 12/95 ( COM Doc .              Action brought on 12 April 1996 by Miwon Co., Ltd
     C( 96 ) 180 final ), addressed to the Federal Republic of             against the Council of the European Communities
     Germany, in so far as it concerns the applicants,                                         ( Case T-51/96 )
— order the Commission to pay the costs.                                                         96/C 180/84 )
Pleas in law and man agruments:                                                       (Language of the case: English)
By the contested decision, the Commission decided that                 An action against the Council of the European Union was
import duties are not to be remitted in respect of                     brought before the Court of First Instance of the European
applications made by the applicants and submitted by                   Communities on 12 April 1 996 by Miwon Co . Ltd,
Germany pursuant to Article 13 of Council Regulation                   represented by Jean-François Bellis, of Van Bael & Bellis,
( EEC ) No 1430/79 of 2 July 1979 . Those applications                 with an address for service in Luxembourg at the Chambers
related to the import of high-grade beef, known as 'Hilton             of Loesch & Wolters, 11 rue Goethe, Luxembourg.
quality' beef, from Argentina, in respect of which falsified
certificates of authenticity, purporting to be issued by the
Argentine authorities, had been submitted to the customs               The applicant claims that the Court should:
authorities .
                                                                       — annul Council Regulation ( EC ) No 81/96 of 19 January
First plea:                                                                1996 imposing definitive anti-dumping duties on
                                                                           imports of monosodium glutamate originating, inter
The decision was founded on the wrong legal basis . The                    alia, in the Republic of Korea in so far as it imposes a
correct legal basis was Article 239 of the Community                       definitive anti-dumping duty on the applicant and orders
Customs Code and not Article 13 of the Regulation relating                 the collection of provisional anti-dumping duties with
to remission .                                                             respect to products exported by the applicant; and