CELEX: C1996/318/21
Language: en
Date: 1996-10-26 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 10 July 1996 in Case T-208/95: Miwon Co. Ltd v. Commission of the European Communities (Dumping - Monosodium glutamate - Commission Regulation finding a breach of a price undertaking and imposing a provisional anti-dumping duty - Action for annulment - Subsequent adoption of a regulation imposing a definitive anti-dumping duty - Case not proceeding to judgment)

No C 318/ 10          EN                  Official Journal of the European Communities                                    26 . 10 . 96
Communities ( Agents : Jean-Marie Stenier and Jan                    Action brought on 24 July 1996 by Edouard Dubois et Fils
Inghelram ) — application for the annulment of the decision          SA against the Commission of the European Communities
of 12 July 1993 establishing the applicant's staff report for                   and the Council of the European Union
the period from 1 January 1990 to 31 December 1991 and,                                      ( Case T-l 13/96 )
in so far as necessary, the decision notified on 22 February
                                                                                               ( 96/C 318/22 )
1 994 expressly rejecting his complaint against that report —
the Court of First Instance ( First Chamber), composed of: A.
Saggio, President, V. Tiili and R. M. Moura-Ramos, Judges;                           (Language of the case: French)
B. Pastor, Principal Administrator, for the Registrar, has
given a judgment on 26 September 1996 , in which it:
                                                                     An action against the Commission of the European
                                                                     Communities and the Council of the European Union was
1 . dismisses the application;                                       brought before the Court of First Instance on 24 July 1996
                                                                     by Edouard Dubois et Fils SA, having its seat at Roubaix
2 . orders the parties to bear their own costs.                      ( France ), represented by Pierre Ricard, Avocat au Conseil
                                                                     d'Etat, and Alain Crosson du Cormier, of the Paris Bar, with
                                                                     an address for service in Luxembourg at the Chambers of
(') OJ No C 174, 25 . 6 . 1994 .
                                                                     Marc Feiler, 67 rue Ermesinde .
                                                                     The applicant claims that the Court should :
                                                                     — declare the defendants liable, within the meaning of the
      ORDER OF THE COURT OF FIRST INSTANCE                                second paragraph of Article 215 of the EC Treaty, for
                                                                          the damage caused to the applicant by the repercussions
                        of 10 July 1996                                   on its activities as 'commissionnaire agree en douane '
in Case T-208/95 : Miwon Co . Ltd v. Commission of the                    ( authorized customs agent) of application of the Single
                  European Communities ( 1 )                              European Act establishing an area for the free movement
(Dumping — Monosodium glutamate — Commission                              of goods and services within the frontiers of the Member
Regulation finding a breach of a price undertaking and                    States from 1 January 1993 ,
imposing a provisional anti-dumping duty — Action for
annulment — Subsequent adoption of a regulation                      — order the defendants jointly to pay the applicant a sum of
imposing a definitive anti-dumping duty — Case not                        FF 112 339 702 as compensation for that damage,
                   proceeding to judgment)
                          ( 96/C 318/21 )                            — order the defendants to pay the costs .
               (Language of the case: English)                       Pleas in law and main arguments adduced in support
In     Case  T-208/95 :     Miwon    Co . Ltd   established  at      The applicant company, whose principal business is that of
Dongdaemun-Ku ( Seoul, Republic of Korea ), represented              forwarding agent and connected activities, states that, in 16
by Jean-Francois Bellis, of the Brussels Bar, with an address        of its establishments situated at various points on French
for service in Luxembourg at the chambers of A. F. Brausch,          territory, it availed itself of the ministerial authorization
8 rue Zithe, v. Commission of the European Communities               which it had been granted pursuant to the Code des
                                                                     Douanes ( Customs code ) to act as an authorized customs
( Agent: Nicholas Khan ) — application for the annulment of
Commission Regulation ( EC ) No 1754/95 of 18 July 1995              agent, a profession which, for varying remuneration, carries
imposing a provisional anti-dumping duty on imports of               out on behalf of others, customs formalities consisting in the
monosodium glutamate originating in Indonesia , the                  detailed declaration of goods crossing frontiers for the
                                                                     purposes of the collection of duties .
Republic of Korea, Taiwan and Thailand ( 2), in so far as it
concerns Miwon Co . Ltd — the Court of First Instance
( Fifth Chamber, Extended Composition ), composed of: R.             The applicant also states that application, from 1 January
Schintgen, President, and R. Garcia-Valdecasas, V. Tiili, J.         1993 , of the Single European Act establishing an area
Azizi and R. Moura-Ramos, Judges; H. Jung, Registrar, has            without internal frontiers for the member countries had
made an order on 10 July 1996 , in which it orders :                 profound repercussions from the financial and social point
                                                                     of view on the businesses operated by authorized customs
                                                                     agents . It points out, first, that the measures taken by the
1 . the case is not to proceed to judgment;                          Community authorities to mitigate those problems could
                                                                     only very partially make up for the considerable effects of
2 . each party shall bear its own costs.                             the abolition of the internal frontiers of the Community for
                                                                     the profession of authorized customs forwarding agents
                                                                     and, secondly, that those measures were not compensatory
(•) OJ No C 351 , 30 . 12 . 1995 .
( 2 ) OJ No L 170, 1995 , p . 4 .
                                                                     in nature at all but sought solely to alleviate the exceptional
                                                                     financial burden incurred in the management of
                                                                     forwardings depots which were required to continue
                                                                     operating until 31 December 1992 .