CELEX: C1995/286/31
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1995 in Case T-167/94: Detlef Nölle v. Council of the European Union and Commission of the European Communities (Action to establish non-contractual liability - Admissibility - Basic anti-dumping Regulation (EEC) No 2423/88 - Breach - Anti-dumping Regulation (EEC) No 725/89 - Invalidity - Liability by reason of legislative measures - Principle of care - Right to a fair hearing - Sufficiently serious breach)

28 . 10 . 95           EN                 Official Journal of the European Communities                                No C 286/ 13
address for service in Luxembourg at the Chambers of                 such imports, declared invalid by the Court of Justice in its
Winandy & Err, 60 Avenue Gaston Diderich v. Commission               judgment of 22 October 1991 in Case C-16/90 Nölle v.
of the European Communities ( agents : Francisco Enrique             Hauptzollamt Bremen-Freihafen [ 1991 ] ECR 1-5163 — the
Gonzalez Diaz and Richard Lyal ), supported by French                Court of First Instance ( First Chamber, extended
Republic ( agents : Edwige Belliard, Catherine de Salins and         composition ), composed of J. L. Cruz Vilaça, President,
Jean-Marc Belorgey ) — application for annulment of the              D. P. M. Barrington, H. Kirschner, A. Kalogeropoulos and
Commission's decision of 29 July 1993 rejecting a                    V. Tiili, Judges; H. Jung, Registrar, has given a judgment on
complaint relating to a proceeding under Articles 85 and 86          18 September 1995 , in which it:
of the EEC Treaty and for immediate re-examination of the
complaint ( IV/33.374 ), the Court of First Instance ( First         1 . dismisses the application;
Chamber, extended composition ), composed of J. L. Cruz
Vilaça , President, A. Saggio, H. Kirschner, A.                      2 . orders the applicant to pay the costs.
Kalogeropoulos and V. Tiili, Judges; H. Jung, Registrar,
gave a judgment on 18 September 1995 , the operative part
of which is as follows :                                             (') OJ No C 222 , 18 . 8 . 1993 .
1.   the Commission 's decision contained in the letter dated
     29 July 1993 rejecting the applicant's complaint of
     24 November 1989 (IV/33.374) is annulled;
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
2 . the remainder of the application is dismissed;                                       of 18 September 1995
                                                                     in Case T-168/94: Blackspur DIY Ltd and Others v.
3 . the Commission is ordered to pay the costs of the                Council of the European Union and Commission of the
     proceedings with the exception of those of the                                    European Communities (*)
     intervener, which are to be borne by the intervener.
                                                                     (Action for damages — Non-contractual liability of the
                                                                     Community — Causal Link — Anti-dumping duties —
(') OJ No C 319 , 26 . 11 . 1993 .                                                   Basic Regulation No 2423/88)
                                                                                               ( 95/C 286/32 )
                                                                                     (Language of the case: English)
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             In Case T-168/94 : Blackspur DIY Ltd, having its registered
                     of 18 September 1995                            office in Unsworth, Bury (United Kingdom), Steven Kellar,
                                                                     J. M. A. Glancy and Ronald Cohen, Manchester ( United
in Case T-167/94 : Detlef Nölle v. Council of the European           Kingdom ), represented by K. P. E. Lasok, Barrister, of the
          Union and Commission of the European                       Bar of England and Wales, and Charles Khan, Solicitor, with
                        Communities ( ] )                            an address for service in Luxembourg at the Chambers of
(Action to establish non-contractual liability —                     Maria Dennewald, 12 Avenue de la Porte Neuve, against
Admissibility — Basic anti-dumping Regulation (EEC)                  Council of the European Union ( Agents : Jorge Monteiro,
No 2423/88 — Breach — Anti-dumping Regulation (EEC)                  Hans-Jürgen Rabe and Georg Berrisch ) and Commission of
No 725/89 — Invalidity — Liability by reason oflegislative           the European Communities ( Agent: Eric White ) —
measures — Principle of care — Right to a fair hearing —             application under Article 178 and the second paragraph of
                  Sufficiently serious breach)                       Article 215 of the EEC Treaty for a declaration that the
                          ( 95/C 286/31 )                            Council and the Commission are liable to compensate the
                                                                     applicants for the loss they claim to have suffered as a result
                                                                     of the acts and defaults of those institutions in connection
               (Language of the case: German)                        with the imposition of an anti-dumping duty on imports of
                                                                     paint- and other brushes originating in the People's
In Case T-167/94 : Detlef Nölle, trading as ' Eugen Nölle', of       Republic of China — the Court of First Instance ( First
Remscheid ( Germany ), represented by Frank Montag and               Chamber, extended composition ), composed of J. L. Cruz
Hans-Joachim Prieß, Rechtsanwälte, Brussels, against                 Vilaça, President, D. P. M. Barrington, H. Kirschner, A.
Council of the European Union (Agents : Jorge Monteiro,              Kalogeropoulos and V. Tiili, Judges; H. Jung, Registrar, has
Jürgen Huber, Hans-Jürgen Rabe and Georg Berrisch) and               given a judgment on 18 September 1995 , in which it:
Commission of the European Communities ( Agents : Eric
White and Claus-Michael Happe ) — application under                   1 . dismisses the application;
Article 178 and the second paragraph of Article 215 of the
EEC Treaty for compensation for the damage allegedly
 suffered by the applicant undertaking by reason of the              2 . orders the applicants to pay the costs jointly and
adoption of Council Regulation ( EEC ) No 725/89 of                       severally.
20 March 1989 imposing a definitive anti-dumping duty on
 imports of paint, distemper, varnish and similar brushes             (!) OJ No C 277, 15 . 10 . 1993 .
 originating in the People's Republic of China and
 definitively collecting the provisional anti-dumping duty on