CELEX: C2001/004/
Language: en
Date: 2001-01-06 00:00:00
Title: Case T-234/00: Action brought on 6 September 2000 by Fondazione Opera S. Maria della Carità against Commission of the European Communities

6.1.2001                EN                     Official Journal of the European Communities                                          C 4/5
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               Action brought on 6 September 2000 by Fondazione
                                                                          Opera S. Maria della Carità against Commission of the
                                                                                              European Communities
                      of 26 September 2000
in Case T-80/97: Starway SA v Council of the European                                              (Case T-234/00)
                               Union (1)
                                                                                                    (2001/C 4/07)
(Extension of an anti-dumping duty — Exemption — Action
for annulment — Admissibility — Assembly operation —
Burden of proof — Statement of reasons — Manifest error                                      (Language of the case: Italian)
                           of assessment)
                                                                          An action against the Commission of the European Communi-
                            (2001/C 4/06)                                 ties was brought before the Court of First Instance of the
                                                                          European Communities on 6 September 2000 by Fondazione
                                                                          Opera S. Maria della Carità, represented by Franca Gajulli and
                    (Language of the case: French)                        Isabella Gianniotti, of the Venice Bar.
In Case T-80/97: Starway SA, established in Luynes (France),
represented by J.-F. Bellis and P. De Baere, of the Brussels Bar,         The applicant claims that the Court should:
with an address for service in Luxembourg at the Chambers of
L. Lorang, 3 Rue de la Chapelle, against Council of the                   —     annul Articles 1, 2, 5 and 6 of Commission Decision
European Union (Agents: R. Torrent, A. Tanca, S. Marquardt                      2000/394/EEC of 25 November 1999 on aid to firms in
and P. Bentley) supported by Commission of the European                         Venice and Chioggia by way of relief from social security
Communities (Agent: N. Khan) — application for annulment                        contributions under Laws Nos 30/1997 and 206/1995,
of Article 2 of Council Regulation (EC) No 71/97 of 10 January                  or annul Articles 1, 2, 5 and 6 thereof, and declare
1997 extending the definitive anti-dumping duty imposed by                      applicable the exemption provided for by Article 86(2) of
Regulation (EEC) No 2474/93 on bicycles originating in the                      the Treaty (services of general economic interest) to the
People’s Republic of China to imports of certain bicycle parts                  applicant;
from the People’s Republic of China, and levying the extended
duty on such imports registered under Regulation (EC)
No 703/96 (OJ 1997 L 16, p. 55, corrigendum (Spanish and                  —     order the Commission to pay the costs.
French versions only) published in OJ 1997 L 95, p. 30)
— the Court of First Instance (Third Chamber, Extended
Composition), composed of: K. Lenaerts, President, V. Tiili,
                                                                          Pleas in law and main arguments
J. Azizi, M. Jaeger and P. Mengozzi, Judges; B. Pastor, Principal
Administrator, for the Registrar, has given a judgment on
26 September 2000, in which it:                                           The decision contested in the present case is the same as that
                                                                          in Case T-218/00 Cooperativa Mare Azzurro and Others (1).
1.    Annuls Article 2 of Council Regulation (EC) No 71/97 of
      10 January 1997 extending the definitive anti-dumping duty
      imposed by Regulation (EEC) No 2474/93 on bicycles                  The pleas in law and main arguments are those relied upon in
      originating in the People’s Republic of China to imports of         Cases T-231/00 Adriatica di Navigazione v Commission (1).
      certain bicycle parts from the People’s Republic of China, and
      levying the extended duty on such imports registered under
      Regulation (EC) No 703/96, in so far as it concerns imports         The applicant refutes the charge that there is a constituent
      of essential bicycle parts by the applicant between 20 April        element of aid in the present case, pointing out that its
      1996 and 18 April 1997;                                             activities consist overall in the provision of complementary
                                                                          services in the public interest carried out, under arrangements
2.    Orders the Council to bear its own costs and to pay those           agreed with the local authorities, whenever the latter, whose
      incurred by the applicant;                                          responsibility they are, are unable to do so directly themselves.
3.    Orders the Commission to bear its own costs.
                                                                          (1) Not yet published.
(1) OJ C 212 of 12.7.97.