CELEX: C2004/007/56
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 23 October 2003 in Case T-255/01: Changzhou Hailong Electronics & Light Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v Council of the European Union (Anti-dumping — Determination of normal value — Market-economy treatment — Analogue country — Article 2(7) of Regulation (EC) No 384/96)

10.1.2004                EN                             Official Journal of the European Union                                               C 7/31
1.    The contested decision of the Commission 2001/146/EC of                   2.    Dismisses the rest of the action as unfounded.
      20 September 2000 relating to a proceeding under Article 81
      of the EC Treaty (COMP/36.653 — Opel) is annulled in so
                                                                                3.    Orders the applicant to bear its own costs, as well as those of
      far as it establishes the existence of a restrictive supply measure
                                                                                      the Commission.
      contrary to Article 81(1) EC.
2.    The amount of the fine imposed on the applicants by Article 3
                                                                                (1) OJ C 150 of 19.5.2001.
      of the contested decision is reduced to EUR 35 475 000.
3.    The application is dismissed as to the remainder.
4.    The applicants are ordered to bear four fifths of their own costs
      and four fifths of the Commission’s costs; the Commission is
      ordered to bear one fifth of its own costs and one fifth of the
      applicants’ costs.
                                                                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 61 of 24.2.2001.
                                                                                                        of 23 October 2003
                                                                                in Case T-255/01: Changzhou Hailong Electronics & Light
                                                                                Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v
                                                                                               Council of the European Union (1)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                (Anti-dumping — Determination of normal value — Mar-
                         of 16 October 2003                                     ket-economy treatment — Analogue country — Article 2(7)
                                                                                                  of Regulation (EC) No 384/96)
in Case T-47/01: Co-Frutta Soc. coop. rl v Commission of
                  the European Communities (1)                                                              (2004/C 7/56)
(Action for annulment — Access to documents — Decision
94/90/ECSC, EC, Euratom — Refusal — Authorship rule                                                 (Language of the case: English)
                         — Misuse of powers)
                             (2004/C 7/55)
                                                                                In Case T-255/01, Changzhou Hailong Electronics & Light
                                                                                Fixtures Co. Ltd, established at Changzhou (China), Zhejiang
                     (Language of the case: Italian)                            Yankon Group Co. Ltd, formerly Zheijang Sunlight Group Co.
                                                                                Ltd, established at Shangyu (China), represented by P. Bentley
                                                                                QC, and F. Ragolle, lawyer, v Council of the European Union
                                                                                (Agents: S. Marquardt, and G. M. Berrisch), supported by
In Case T-47/01, Co-Frutta Soc. coop. rl, established in Padua                  Commission of the European Communities (Agents: V. Kreu-
(Italy), represented by W. Viscardini, M. Paolin and S. Donà,                   schitz, T. Scharf and S. Meany): Application for annulment of
lawyers, v Commission of the European Communities (Agents:                      Council Regulation (EC) No 1470/2001 of 16 July 2001
P. Stancanelli, P. Aalto and P. Wölker): Application for                        imposing a definitive anti-dumping duty and collecting defini-
annulment of the Commission’s decision contained in the                         tively the provisional duty imposed on imports of integrated
letters of 31 July 2000 from the Directorate-General for                        electronic compact fluorescent lamps (CFL-i) originating in the
Agriculture and 5 December 2000 from the Secretary-General                      People’s Republic of China (OJ 2001 L 195, p. 8), the Court
of the Commission, by which access to the documents sought                      of First Instance (Fifth Chamber, Extended Composition),
by the applicant in connection with the arrangements for                        composed of: R. García-Valdecasas, President, P. Lindh,
importing bananas was partly refused, the Court of First                        J.D. Cooke, J. Pirrung and H. Legal, Judges; J. Plingers,
Instance (Fifth Chamber), composed of: R. García-Valdecasas,                    Administrator, for the Registrar, has given a judgment on
President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,                23 October 2003, in which it:
Principal Administrator, for the Registrar, has given a judgment
on 16 October 2003, in which it:
                                                                                1.    Dismisses the action.
1.    Dismisses the application for annulment of the decision
      contained in the letter from DG Agriculture of 31 July 2000               2.    Orders the applicants to bear their own costs and to pay the
      as inadmissible.                                                                costs incurred by the Council.
 ---pagebreak--- C 7/32                  EN                         Official Journal of the European Union                                            10.1.2004
3.    Orders the Commission to bear its own costs.                             JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 3 of 5.1.2002.                                                                             of 21 October 2003
                                                                           in Case T-302/01: Gerhard Birkhoff v Commission of the
                                                                                                European Communities (1)
                                                                           (Officials — Article 2(5) of Annex VII to the Staff Regu-
                                                                           lations — Cancellation of an allowance for dependent child
                                                                               who has reached majority — Legitimate expectations)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        (2004/C 7/58)
                        of 23 October 2003
                                                                                                (Language of the case: Italian)
in Case T-279/01: Giorgio Lebedef v Commission of the
                    European Communities (1)
(Officials — Staff report — Late preparation — Action for                  In Case T-302/01: Gerhard Birkhoff, former official of the
                           compensation)                                   Commission of the European Communities, now retired,
                                                                           residing in Weitnau (Germany), represented by V. Salvatore,
                                                                           lawyer, against Commission of the European Communities
                           (2004/C 7/57)                                   (Agents: J. Currall and A. Dal Ferro) — first, an application for
                                                                           annulment of the decision of the appointing authority of
                                                                           26 September 2001 rejecting the complaint brought by the
                    (Language of the case: French)                         applicant against the decision of the Commission of 4 July
                                                                           2001 by which it cancelled payment to the applicant of the
                                                                           dependent child allowance in respect of his daughter and of
                                                                           the decision of 4 July 2001 and, secondly, a claim for
                                                                           compensation for material and non-material damage — the
In Case T-279/01: Giorgio Lebedef, an official of the Com-                 Court of First Instance (Second Chamber), composed of
mission of the European Communities, residing in Senninger-                N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
berg (Luxembourg), represented by G. Bouneou and F. Frabetti,              H. Jung, Registrar, gave a judgment on 21 October 2003, in
lawyers, with an address for service in Luxembourg, against                which it:
Commission of the European Communities (Agent: J. Currall)
— application, first, for annulment of the Commission’s
decisions partially rejecting the applicant’s complaints seeking           1.    Annuls the decision of the Commission of 4 July 2001
damages to compensate him for the non-material damage                            cancelling, with effect from 1 July 2001, payment of the
caused by the delay in the preparation of the staff reports                      dependent child allowance in respect of the applicant’s daughter
concerning him for the periods 1995/1997 and 1997/1999                           who has reached majority.
and, secondly, for damages to compensate him for that non-
material damage — the Court of First Instance (Single Judge:
V. Tiili); I. Natsinas, Administrator, for the Registrar, has given        2.    Finds that there is no need to adjudicate on the claim for
a judgment on 23 October 2002, in which it:                                      compensation for the damage arising from the loss of cover in
                                                                                 respect of the applicant’s daughter by the EC Sickness Insurance
                                                                                 Fund, nor on the part of the claim seeking compensation for the
1.    Orders the Commission to pay the applicant the sum of                      tax consequences of the contested decision.
      EUR 1 500, in addition to the sum of EUR 619,73 already
      awarded by the Appointing Authority.                                 3.    Dismisses the remainder of the claim for compensation.
2.    Dismisses the remainder of the action.                               4.    Orders the Commission to pay two-thirds of the applicant’s
                                                                                 costs, including those incurred in the proceedings for interim
3.    Orders the Commission to pay the costs.                                    relief in the present case.
(1) OJ C 3 of 5.1.2002.                                                    (1) OJ C 44 of 16.2.2002.