CELEX: C2000/163/46
Language: en
Date: 2000-06-10 00:00:00
Title: Judgment of the Court of First Instance of 30 March 2000 in Case T-51/96: Miwon Co. Ltd v Council of the European Union (Anti-dumping — Breach of a price undertaking — Injury to the Community)

C 163/24               EN                     Official Journal of the European Communities                                     10.6.2000
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 30 March 2000
                                                                                                 of 27 January 2000
in Case T-51/96: Miwon Co. Ltd v Council of the European
                            Union (1)                                    in Joined Cases T-194/97 and T-83/98, Eugénio Branco,
                                                                             Lda v Commission of the European Communities (1)
(Anti-dumping — Breach of a price undertaking — Injury                   (European Social Fund — Action for failure to act —
                       to the Community)                                 Admissibility — Action for annulment — Decision to
                                                                         suspend financial assistance — Certification by the Member
                                                                         State — Misappraisal of the facts — Legitimate expectations
                                                                           — Acquired rights — Legal certainty — Proportionality)
                         (2000/C 163/46)
                                                                                                   (2000/C 163/47)
                   (Language of the case: English)
                                                                                            (Language of the case: Portuguese)
In Case T-51/96 Miwon Co. Ltd, established in Seoul, South               In Joined Cases T-194/97 and T-83/98, Eugénio Branco, Lda,
Korea, represented by J.F. Bellis, of the Brussels Bar, with an          established in Lisbon, represented by B. Belchior, of the Vila
address for service in Luxembourg at the Chambers of Loesch              Nova de Gaia Bar, with an address for service in Luxembourg
and Wolter, 11 Rue Goethe v Council of the European Union,               at the Chambers of J. Schroeder, 6 Rue Heine v Commission
(Agents: A. Tanca, H.-J. Rabe and G. Khan), supported by                 of the European Communities (Agents: in case T-194/97,
Commission of the European Communities, (Agent: N. Khan)                 A.M. Alves Vieira and K. Simonsson and, in Case T-83/98,
— application for annulment of Council Regulation (EC) No                M.T. Figueira and K. Simonsson) — Application, in Case
81/96 of 19 January 1996 amending Regulation (EEC) No                    T-194/97, for a declaration of failure to act by the defendant
2455/93 imposing definitive anti-dumping duties on imports               in so far as it unlawfully failed to rule on the claim for final
of monosodium glutamate originating in Indonesia, the Repub-             payment of financial assistance awarded by the European
lic of Korea and Taiwan and collecting definitively the pro-             Social Fund in case nos 870301 P1 and 870302 P3 and, in Case
visional duties imposed and terminating the proceeding with              T-83/98, for annulment of Commission Decisions C (1998) 47
regard to Thailand (OJ 1996 L 15, p. 20), in so far as it                and C (1998) 48 of 17 February 1998 suspending such
concerns the applicant — the Court (Third Chamber, Extended              assistance — the Court of First Instance (Third Chamber),
Composition), composed of: M. Jaeger, President, K. Lenaerts,            composed of M. Jaeger, President and K. Lenaerts and J. Azizi,
V. Tiili, J. Azizi and P. Mengozzi, Judges; A. Mair, Adminis-            Judges; M. Mair, Administrator, for the Registrar, has given a
trator, for the Registrar, has given a judgment on 30 March              judgment on 27 January 2000 in which it:
2000, in which it:
                                                                         1. Orders that Cases T-194/97 and T-83/98 be joined for the
1. Dismisses the action;                                                      purposes of judgment;
                                                                         2. Finds the action for failure to act in Case T-194/97 to be
2. Orders the applicant to bear its own costs and to pay the costs of         inadmissible;
     the Council;
                                                                         3. Dismisses the action for annulment in Case T-83/98;
3. Orders the Commission to bear its own costs.
                                                                         4. Orders the defendant to pay 10% of the applicant’s costs in
                                                                              addition to its own costs.
(1) OJ C 180 of 22.6.1996.
                                                                         (1) OJ C 252 of 16.8.1997 and C 278 of 5.9.1998.