CELEX: C2004/059/41
Language: en
Date: 2004-03-06 00:00:00
Title: Case T-416/03: Action brought on 19 December 2003 by Angel Angelidis against the European Parliament

6.3.2004               EN                         Official Journal of the European Union                                            C 59/25
The applicant submits that the Council failed to determine the            —     annul the implied decision to reject the applicant’s
normal value in an appropriate and not unreasonable manner                      complaint submitted on 27 May 2003 in accordance
within the meaning of Article 2(5) of Regulation (EC) No 384/                   with Article 90(2) of the Staff Regulations and seeking
96 (1), as modified, and in conformity with its duty of due care.               the annulment of the contested decision;
The Commission, who initiated an anti-dumping procedure
under Article 5 of the Regulation, should not have ignored the            —     order the defendant to pay to the applicant the sum of
anti-dumping rule according to which costs of by-products                       EUR 20 000 assessed on an equitable basis, subject to
should not be taken into account, but instead should be                         increase or decrease in the course of the proceedings, in
deducted, in the normal value determination, in order to meet                   respect of damages for non-material harm and harm to
the need for a normal value determined in an appropriate and                    his career, on the basis both of substantial irregularities
not unreasonable manner. According to the applicant, the                        and of significant delay in the writing of the 2001 report
Commission was aware of the difference between the costs of                     in a particularly distressing period for the applicant;
production related to the production of para-cresol, on the
one hand, and the costs of production related specifically to             —     order the defendant to pay the costs in accordance with
the by-products (sodium sulfite and mixed phenol), on the                       Article 87(2) of the Rules of Procedure of the Court of
other hand. By extending the scope of the investigation to the                  First Instance.
two by-products and by taking into account the by-products
in the normal value determination, the Commission violated
the duty of due diligence.
                                                                          Pleas in law and main arguments
Furthermore, the applicant claims that the Council failed to
respect the duty of good administration and that it violated              The applicant claims, firstly, a breach of Articles 26 and 43 of
Article 2 of Regulation (EC) No 384/96 by failing to calculate            the Staff Regulations, of the general provisions for giving effect
a normal value for the like product only.                                 to Article 43 as adopted by the Bureau of the European
                                                                          Parliament on 8 March 1999 and of the instructions relating
                                                                          to the procedure for the writing of staff reports.
(1) Council Regulation (EC) No 384/96 of 22.12.1995 on protection
    against dumped imports from countries not members of the
    European Community (OJ L 56 of 6.3.1996, p. 1).                       He also pleads misuse of powers and infringement of general
                                                                          principles of law, such as respect for the rights of the defence,
                                                                          the principle of good administration, the principle of the
                                                                          protection of legitimate expectations and the duty to have
                                                                          regard for the welfare of officials, the principle of equal
                                                                          treatment and those general principles requiring the AIPN to
                                                                          take a decision only on the basis of legally permissible grounds,
                                                                          namely those which are pertinent and not tainted by a manifest
                                                                          error of assessment, fact or law.
Action brought on 19 December 2003 by Angel Angelidis
              against the European Parliament
                         (Case T-416/03)
                          (2004/C 59/41)
                                                                          Action brought on 22 December 2003 by Fédération
                                                                          Internationale des Maisons de l’Europe (FIME) against the
                   (Language of the case: French)                                  Commission of the European Communities
                                                                                                   (Case T-417/03)
An action against the European Parliament was brought before
the Court of First Instance of the European Communities                                             (2004/C 59/42)
on 19 December 2003 by Angel Angelidis, resident in
Luxembourg, represented by Eric Boigelot, lawyer.
                                                                                             (Language of the case: French)
The applicant claims that the Court should:
                                                                          An action against the Commission of the European Communi-
—     annul the decision of the Secretary General of the                  ties was brought before the Court of First Instance of the
      European Parliament taken on 4 March 2003 definitively              European Communities on 22 December 2003 by Fédération
      adopting the applicant’s staff report for 2001;                     Internationale des Maisons de l’Europe, established in Saar-
                                                                          brücken (Germany), represented by Pierre Soler-Couteaux,
—     annul that staff report for 2001;                                   lawyer.