CELEX: C1998/234/68
Language: en
Date: 1998-07-25 00:00:00
Title: Action brought on 7 June 1998 by Kundan Industries Limited and Tata International Limited against the Council of the European Union (Case T-88/98)

C 234/36              EN                  Official Journal of the European Communities                                      25.7.98
provide an appropriate steatement of reasons for the                 concerned manufactured and exported to the Community
adoption of an anti-dumping duty in this form, thereby               by the applicants.
denying the applicant its fundamental right to a fair
hearing.                                                             The applicants plead infringement of the following articles
                                                                     of Council Regulation (EC) No 384/96 (2):
(1) Council Regulation (EC) No 449/98, OJ L 58 of 27.2.1998,
    p. 15.
(2) OJ L 56 of 6.6.1996, p. 1.                                       Ð Articles 2(8) and 2(9), in that the export price is
                                                                          determined as the price charged by Tata International
                                                                          to unrelated customers in the Community.
                                                                     Ð Article 2(10) in that, as an adjustment pursuant to
                                                                          Article 2(10)(i), a notional commission payment is
Action brought on 7 June 1998 by Kundan Industries                        deducted from the export price.
Limited and Tata International Limited against the
                Council of the European Union                        Ð Article 18(3), in that, owing to continue reliance on
                        (Case T-88/98)                                    information which was known to be incorrect, any
                                                                          reasonably accurate finding was made impossible and,
                         (98/C 234/68)                                    finally,
                (Language of the case: English)                      Ð Article 20(4), because of failure to give adequate
                                                                          disclosure of the essential facts and considerations.
An action against the Council of the European Union was
brought before the Court of First Instance of the European           (1) Council Regulation (EC) No 393/98, OJ L 50 of 20.2.1998,
Communities on 7 June 1998 by Kundan Industries                          p. 1.
Limited and Tata International Limited, represented by               (2) OJ L 56 of 6.6.1996, p. 1.
Jean-FrancËois Bellis and Philippe De Baere, with an
address for service in Luxembourg at the Chambers of
Loesch & Wolter, 11 Rue Goethe.
The applicant claims that the Court should:
                                                                     Action brought on 8 June 1998 by National Association
Ð annul Article 1 of Council Regulation (EC) No 393/98               of Licensed Opencast Operators (NALOO) against the
     of 16 February 1998 imposing a definitive anti-                           Commission of the European Communities
     dumping duty on the imports of stainless steel                                          (Case T-89/98)
     fasteners and parts thereof originating in, inter alia,
     India, in so far as it imposes a definitive anti-dumping                                 (98/C 234/69)
     duty on stainless steel fasteners and parts thereof
     manufactured and exported by the applicants; and                               (Language of the case: English)
Ð order the Council to bear the costs of these                       An action against the Commission of the European
     proceedings.                                                    Communities was brought before the Court of First
                                                                     Instance of the European Communities on 8 June 1998 by
Pleas in law and main arguments adduced in support:                  The National Association of Licensed Opencast Operators
                                                                     (NALOO), represented by Mark Cran QC and Mark
                                                                     Hoskins, with an address for service in Luxembourg at the
The applicants are limited companies established under               Chambers of Victor Gillen, 13 rue Aldringen.
the laws of India. Kundan manufactures stainless steel
fasteners and sells them to Tata International, which,
being an export trading company, exports them to                     The applicant claims that the Court should:
independent importers within the Community.
                                                                     Ð declare that the decision of the Commission of 27 April
By Article 1(2) of the contested regulation (1) a definitive              1998 not to act on the Supplemental Complaint
anti-dumping duty on imports of stainless steel fasteners                 submitted to it by NALOO dated 15 June 1994 is
and parts thereof originating in the People's Republic of                 void in so far as it relates to the complaints made
China, India, the Republic of Korea, Malaysia, Taiwan                     against the CEGB; and
and Thailand has been imposed. On imports of the
products concerned exported by Kundan Industries Ltd./              Ð declare that the decision of the Commission of 27 April
Tata Export Ltd., Mumbai' a definitive duty of 47.4 % has                 1998 not to act on the Supplemental Complaint
been imposed.                                                             submitted to it by NALOO dated 15 June 1994 is
                                                                          void in so far as it relates to the complaints made
The present application for annulment is directed against                 against British Coal; and
Article 1 of the contested regulation in so far as it imposes
a definitive anti-dumping duty on imports of the products            Ð order the Commission to pay the costs.