CELEX: C2002/003/37
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 10 October 2001 in Case T-171/99: Corus UK Ltd v Commission of the European Communities (Action for damages — Recovery of undue payments — Harm suffered by reason of a partially annulled decision)

5.1.2002                 EN                      Official Journal of the European Communities                                                 C 3/23
3.    Annuls Article 2 of Decision 1999/580, in so far as the               1.    Annuls Council Regulation (EC) No 2450/98 of 13 November
      Federal Republic of Germany is required to recover from the                 1998 imposing a definitive countervailing duty on imports of
      applicant the part of the investment grant make to the applicant            stainless steel bars originating in India and collecting definitively
      in 1995 in respect of investment in its cold wire rod drawing               the provisional duty imposed, in so far as it concerns imports
      plant and the aid element of the guarantees covering the                    into the European Community of products manufactured by
      operating loans of DEM 7.2 million and DEM 4.8 million                      Mukand Ltd, Isibars Ltd, Ferro Alloys Corporation Ltd and
      granted at the end of 1994;                                                 Viraj Impoexpo Ltd;
4.    Dismisses the remainder of the application;                           2.    The remainder of the application is dismissed as inadmissible;
5.    Orders the applicant to pay two-thirds of its costs;                  3.    The Council shall bear its own costs together with those incurred
                                                                                  by the applicants. The Commission shall bear its own costs.
6.    Orders the Commission to pay, in addition to its own costs, one
      third of the costs incurred by the applicant;
                                                                            (1) OJ C 160 of 5.6.1999.
7.    Orders the interveners to bear their own costs.
(1) OJ C 86, 27.3.1999
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                          of 10 October 2001
                       of 19 September 2001
                                                                            in Case T-171/99: Corus UK Ltd v Commission of the
                                                                                                 European Communities (1)
in Case T-58/99: Mukand Ltd and Others v Council of the
                         European Union (1)
                                                                            (Action for damages — Recovery of undue payments —
                                                                              Harm suffered by reason of a partially annulled decision)
(Anti-subsidy proceedings — Regulation (EC) No 2450/98
    — Stainless steel bright bars — Injury — Causal link)
                                                                                                         (2002/C 3/37)
                            (2002/C 3/36)
                                                                                                 (Language of the case: English)
                    (Language of the case: English)
                                                                            In Case T-171/99: Corus UK Ltd, formerly British Steel plc,
In Case T-58/99: Mukand Ltd, established in Mumbai (India),                 then British Steel Ltd, established in London, represented by
Isibars Ltd, established in Mumbai, Ferro Alloys Corporation                P.G.H. Collins and M. Levitt, Solicitors, with an address for
Ltd, established in Nagpur (India), Viraj Impoexpo Ltd, estab-              service in Luxembourg, against Commission of the European
lished in Mumbai, represented by K. Adamantopoulos, lawyer,                 Communities (Agents: J. Currall and W. Wils) — application
and J. Branton, Solicitor, with an address for service in                   seeking compensation for the harm allegedly suffered by the
Luxembourg, against Council of the European Union (Agents:                  applicant through the Commission’s refusal to pay it interest
S. Marquardt, H.-J. Rabe and G. Berrisch), supported by                     on the amount repaid pursuant to a judgment of the Court of
Commission of the European Communities (Agents: V. Kreu-                    First Instance reducing the level of the fine imposed on it —
schitz and N. Khan) — application for annulment of Council                  the Court of First Instance (First Chamber), composed of
Regulation (EC) No 2450/98 of 13 November 1998 imposing                     B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
a definitive countervailing duty on imports of stainless steel              G. Herzig, Administrator, for the Registrar, has given a
bars originating in India and collecting definitively the pro-              judgment on 10 October 2001, in which it:
visional duty imposed (OJ 1998 L 304, p. 1) — the Court
of First Instance (First Chamber, Extended Composition),
composed of B. Vesterdorf, President, A. Potocki, J. Pirrung,               1.    Orders the Commission to pay to the applicant the sum of
M. Vilaras and N.J. Forwood, Judges; D. Christensen, Adminis-                     EUR 3 016 608, together with simple interest on that sum at
trator, for the Registrar, has given a judgment on 19 September                   the fixed rate of 5.75 % per annum, for the period from
2001, in which it:                                                                24 April 1999 to the date of the present judgment;
 ---pagebreak--- C 3/24                  EN                      Official Journal of the European Communities                                   5.1.2002
2.    Orders that the sums referred to in paragraph (1) above shall            JUDGMENT OF THE COURT OF FIRST INSTANCE
      bear simple interest at the same rate from the date of the present
      judgment until full and final payment;                                                    of 19 September 2001
3.    Dismisses the remainder of the application;                          in Case T-337/99: Henkel KGaA v Office for Harmonis-
                                                                           ation in the Internal Market (Trade Marks and Designs)
                                                                                                        (OHIM) (1)
4.    Orders the Commission to pay the costs.
                                                                           (Community trade mark — Shape of a product for washing
                                                                           machines or dishwashers — Three-dimensional mark —
(1) OJ C 281 of 2.10.1999.                                                 Absolute ground for refusal — Article 7(1)(b) of Regulation
                                                                                                     (EC) No 40/94)
                                                                                                      (2002/C 3/39)
                                                                                              (Language of the case: German)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                In Case T-337/99: Henkel KGaA, established in Düsseldorf
                                                                           (Germany), represented by H.F. Wissel and C. Osterrieth,
                                                                           lawyers, with an address for service in Luxembourg, against
                          of 20 June 2001                                  Office for Harmonisation in the Internal Market (Trade Marks
                                                                           and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
in Case T-188/99: Euroalliages v Commission of the                         nen and S. Laitinen) — application brought against the
                   European Communities (1)                                decision of the Third Board of Appeal of the Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) of 21 September 1999 (Case R 73/1999-3), which
(Dumping — Decision terminating an expiry review —                         was notified to the applicant on 28 September 1999 — the
                      Action for annulment)                                Court of First Instance (Second Chamber), composed of
                                                                           A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
                                                                           D. Christensen, Administrator, for the Registrar, has given a
                            (2002/C 3/38)
                                                                           judgment on 19 September 2001, in which it:
                    (Language of the case: French)                         1.    Dismisses the action;
                                                                           2.    Orders the parties to bear their own costs.
In Case T-188/99: Euroalliages, whose head office is in Brussels           (1) OJ C 63 of 4.3.2000.
(Belgium), represented by D. Voillemot and O. Prost, lawyers,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: initially
N. Khan and, subsequently, V. Kreuschitz and A.P. Bentley) —
application for annulment of Commission Decision
1999/426/EC of 4 June 1999 terminating the anti-dumping                        JUDGMENT OF THE COURT OF FIRST INSTANCE
proceeding concerning imports of ferro-silicon originating in
Egypt and Poland (OJ 1999 L 166, p. 91) — the Court of First
Instance (Second Chamber, Extended Composition), composed                                       of 20 September 2001
of A.W.H. Meij, President, K. Lenaerts, A. Potocki, M. Jaeger
and J. Pirrung, Judges; J. Palacio González, Administrator, for           in Case T-344/99: Lucı́a Recalde Langarica v Commission
the Registrar, has given a judgment on 20 June 2001, in which                             of the European Communities (1)
it:
                                                                           (Officials — Expatriation allowance — Article 4(1)(a) of
                                                                           the Staff Regulations — Article 26 of the Staff Regulations
1.    Dismisses the application;                                                                  — Rights of defence)
2.    Orders the applicant to pay the costs.                                                          (2002/C 3/40)
                                                                                              (Language of the case: Spanish)
(1) OJ C 314 of 30.10.1999.
                                                                           In Case T-344/99: Lucı́a Recalde Langarica, an official of the
                                                                           Commission of the European Communities, residing in