CELEX: C2003/044/05
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 January 2003 in Case C-76/00 P: Petrotub SA and Republica SA (Appeal — Protection against dumping — Determination of the dumping margin — Choice of the "asymmetrical" calculation method — Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT — Statement of reasons — Determination of normal value — Taking into account of sales made using compensation — Statement of reasons)

22.2.2003                EN                          Official Journal of the European Union                                                       C 44/3
                  JUDGMENT OF THE COURT                                             in the Member State of production, and by requiring that those
                                                                                    products may only be marketed under the name ‘chocolate
                                                                                    substitute’, the Italian Republic has failed to fulfil its obligations
                           (Sixth Chamber)                                          under Article 30 of the Treaty (now, after amendment,
                                                                                    Article 28 EC);
                         of 16 January 2003                                  2.     Orders the Italian Republic to pay the costs.
in Case C-14/00: Commission of the European Communi-                         (1 ) OJ C 79 of 18.3.2000.
                      ties v Italian Republic (1)
(Failure by a Member State to fulfil obligations — Free
movement of goods — Directive 73/241/EEC — Cocoa and
chocolate products containing fats other than cocoa butter
— Products lawfully manufactured and marketed in the
Member State of production under the sales name ‘chocolate’
— Prohibition on marketing under that name in the Member
State of marketing— Requirement to use the name ‘chocolate                                       JUDGMENT OF THE COURT
                              substitute’)
                                                                                                          (Fifth Chamber)
                            (2003/C 44/04)
                                                                                                         of 9 January 2003
                     (Language of the case: Italian)
                                                                                  in Case C-76/00 P: Petrotub SA and Republica SA (1)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           (Appeal — Protection against dumping — Determination
                                                                             of the dumping margin — Choice of the ‘asymmetrical’
                                                                             calculation method — Article 2.4.2 of the Agreement on
                                                                             Implementation of Article VI of the GATT — Statement of
                                                                             reasons — Determination of normal value — Taking into
                                                                             account of sales made using compensation — Statement of
In Case C-14/00, Commission of the European Communities
(Agents: G. Valero Jordana and G. Bisogni) v Italian Republic                                                  reasons)
(Agent: U. Leanza, assisted by O. Fiumara): Application for a
declaration that, by prohibiting chocolate products containing                                             (2003/C 44/05)
vegetable fats other than cocoa butter, and which are lawfully
manufactured in Member States which authorise the addition
of such fats, from being marketed in Italy under the name used                                     (Language of the case: English)
in the Member State of origin, and by requiring that those
products may only be marketed under the name ‘chocolate
substitute’, the Italian Republic has failed to fulfil its obligations
under Article 30 of the EC Treaty (now, after amendment,
Article 28 EC), the Court (Sixth Chamber), composed of:                      In Case C-76/00 P, Petrotub SA, established in Roman
J.-P. Puissochet, President of the Chamber, R. Schintgen,                    (Romania), and Republica SA established in Bucharest (Roman-
V. Skouris (Rapporteur), N. Colneric and J.N. Cunha Rodrigues,               ia) (avocats: A. Merckx and P. Bentley): Two appeals against
Judges; S. Alber, Advocate General; D. Louterman-Hubeau,                     the judgment of the Court of First Instance of the European
Head of Division, for the Registrar, has given a judgment on                 Communities (Second Chamber, Extended Composition) of
16 January 2003, in which it:                                                15 December 1999 in Joined Cases T-33/98 and T-34/98
                                                                             Petrotub and Republica v Council [1999] ECR II-3837, seeking
                                                                             to have that judgment set aside, the other parties to the
1.    Declares that, by prohibiting cocoa and chocolate products             proceedings being: Council of the European Union (Agent: S.
      which comply with the requirements as to minimum content               Marquardt, assisted by G. Berrisch), defendant at first instance,
      laid down in point 1.16 of Annex I to Council Directive 73/            and Commission of the European Communities (Agents:
      241/EEC of 24 July 1973 on the approximation of the laws               V. Kreuschitz and S. Meany) intervener at first instance, the
      of the Member States relating to cocoa and chocolate products          Court (Fifth Chamber), composed of: M. Wathelet, President of
      intended for human consumption to which vegetable fats other           the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La
      than cocoa butter have been added, and which are lawfully              Pergola (Rapporteur) and P. Jann, Judges; F.G. Jacobs, Advocate
      manufactured in Member States which authorise the addition             General; H. von Holstein, Deputy Registrar, has given a
      of such fats, from being marketed in Italy under the name used         judgment on 9 January 2003, in which it has ruled:
 ---pagebreak--- C 44/4                   EN                          Official Journal of the European Union                                             22.2.2003
1.    Sets aside the judgment of the Court of First Instance of the          L 67, p. 37), in so far as it concerns the Hellenic Republic, the
      European Communities of 15 December 1999 in Joined Cases               Court (Sixth Chamber), composed of: J.-P. Puissochet, President
      T-33/98 and T-34/98 Petrotub and Republica v Council;                  of the Chamber, R. Schintgen (Rapporteur), C. Gulmann,
                                                                             F. Macken and N. Colneric, Judges; S. Alber, Advocate General;
2.    Annuls Council Regulation (EC) No 2320/97 of 17 November               L. Hewlett, Principal Administrator, for the Registrar, has given
      1997 imposing definitive anti-dumping duties on imports of             a judgment on 24 June 2000, in which it:
      certain seamless pipes and tubes of iron or non-alloy steel
      originating in Hungary, Poland, Russia, the Czech Republic,
      Romania and the Slovak Republic, repealing Regulation (EEC)            1.    Dismisses the application;
      No 1189/93 and terminating the proceeding in respect of such
      imports originating in the Republic of Croatia in so far as it         2.    Orders the Hellenic Republic to pay the costs.
      concerns Petrotub SA and Republica SA;
3.    Orders the Council of the European Union to pay the costs              (1 ) OJ C 176 of 24.6.2000.
      incurred by Petrotub SA and Republica SA both in the present
      proceedings and in the proceedings at first instance which
      culminated in the judgment in Petrotub and Republica v
      Council, cited above;
4.    Orders the Commission of the European Communities to bear
      its own costs both in the present proceedings and in the
      proceedings at first instance which culminated in the judgment
      in Petrotub and Republica v Council.                                             JUDGMENT OF THE COURT OF JUSTICE
( 1) OJ C 135 of 15.5.2000.                                                                            (Fifth Chamber)
                                                                                                     of 9 January 2003
                                                                             in Case C-177/00: Italian Republic v Commission of the
                                                                                                European Communities ( 1)
                  JUDGMENT OF THE COURT
                                                                             (EAGGF — Clearance of accounts — 1995 to 1998 financial
                          (Sixth Chamber)                                    years — Export refunds — Olive oil — Sale of intervention
                                                                                                            alcohol)
                          of 9 January 2003
                                                                                                        (2003/C 44/07)
in Case C-157/00: Hellenic Republic v Commission of the
                    European Communities ( 1)
                                                                                                 (Language of the case: Italian)
(EAGGF — Clearance of accounts — 1996 to 1998 —
             Export refunds — Fruit and vegetables)                          (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                           (2003/C 44/06)
                     (Language of the case: Greek)                           In Case C-177/00: Italian Republic (Agent: U. Leanza, assisted
                                                                             by D. Del Gaizo) against Commission of the European
(Provisional translation; the definitive translation will be published       Communities (Agents: E. de March and L. Visaggio, assisted by
                    in the European Court Reports)                           A. Dal Ferro) — application for partial annulment of the
                                                                             Commission’s Decision 2000/216/EC of 1 March 2000 exclud-
                                                                             ing from Community financing certain expenditure incurred
                                                                             by the Member States under the Guarantee Section of the
In Case C-157/00, Hellenic Republic (Agents: V. Kontolaimos                  European Agricultural Guidance and Guarantee Fund (EAGGF)
and I. K. Chalkias, also by C. Tsiavou) v Commission of                      (OJ 2000 L 67, p. 37) in so far as it made financial adjustments
the European Communities (Agent: M. Condou-Durande):                         to certain expenses declared by Italy — the Court of Justice
Application for partial annulment of Commission                              (Fifth Chamber), composed of M. Wathelet, President of
Decision 2000/216/EC of 1 March 2000 excluding from                          the Chamber, and D.A.O. Edward, A La Pergola, P. Jann
Community financing certain expenditure incurred by the                      (Rapporteur) and S. von Bahr, Judges; P. Léger, Advocate
Member States under the Guarantee Section of the European                    General; R. Grass, Registrar, gave a judgment on 9 January
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000                    2003, in which it: