CELEX: C2000/163/63
Language: en
Date: 2000-06-10 00:00:00
Title: Case T-89/00: Action brought on 14 April 2000 by Europe Chemi-Con (Deutschland) GmbH against the Council of the European Union

C 163/32              EN                     Official Journal of the European Communities                                     10.6.2000
Grounds of claim:            — joinder of five appeal cases by          The application is based on the following pleas in law:
                                  the Board of Appeal without
                                  the consent of the party con-
                                                                        — The Council committed a manifest error of assessment in
                                  cerned
                                                                            determining the date for the retroactive application of the
                             — misapplication of Article 4 of               regulation. As it is stated in recital 134 of the regulation,
                                  Regulation (EC) No 40/94                  the anti-dumping proceedings were terminated in order to
                             — misapplication of Article                    respect the principle of non-discrimination with regard to
                                  7(1)(b) of Regulation (EC) No             imports from other third countries. The applicant submits
                                  40/94                                     that this discrimination has existed since the expiry of the
                                                                            original measures against Japan on 4th December 1997.
                             — misapplication of Article                    The retroactive termination of the proceedings should
                                  7(1)(c) of Regulation (EC) No             therefore apply from that date onwards.
                                  40/94
                                                                        — The Council has failed to provide sufficient reasoning for
                                                                            its determination of the date by which the contested
                                                                            regulation should apply.
                                                                        (1) OJ L 22, 21.1.2000, p. 1.
Action brought on 14 April 2000 by Europe Chemi-Con
(Deutschland) GmbH against the Council of the European
                             Union
                         (Case T-89/00)
                        (2000/C 163/63)
                                                                        Action brought on 18 April 2000 by Lars Bo Rasmussen
                                                                          against the Commission of the European Communities
                  (Language of the case: English)
                                                                                                 (Case T-90/00)
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 14 April 2000 by Europe Chemi-Con                                                (2000/C 163/64)
(Deutschland) GmbH (Nürnberg, Germany), represented by
Dr. Konstantinos Adamantopoulos and Mr. Juan José Gutiérrez
Gisbert, of Hammond Suddards, Brussels.
                                                                                           (Language of the case: French)
The applicant claims that the Court should:
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
— annul the last indent of Article 3 of Council Regulation              European Communities on 18 April 2000 by Lars Bo Rasmus-
    (EC) No 173/2000 in so far as it does not state that                sen, residing at Dalheim, Grand Duchy of Luxembourg,
    the retroactive effect of the regulation shall apply from           represented by Michel Karp and Joëlle Choucroun, of the
    4 December 1997 onwards;                                            Luxembourg Bar.
— order the Council to bear the costs.
                                                                        The applicant claims that the Court should:
Pleas in law and main arguments                                         — annul the decision of the Commission of 2 August 1999
                                                                            to apply Article 85 of the Staff Regulations to the mission
                                                                            undertaken by the applicant from 7 to 11 March 1998 to
The applicant seeks the annulment of Article 3 of Council                   Dublin;
Regulation (EC) No 173/2000 of 24 January 2000 terminating
the anti-dumping proceedings concerning imports of certain
                                                                        — order the defendant to pay token damages of one franc as
large aluminium electrolytic capacitors originating in Japan,
                                                                            compensation for the non-material damage suffered;
the Republic of Korea and Taiwan(1). It challenges the date
which the Council fixed for the retroactive application of the
regulation, namely 28 February 1999.                                    — order the defendant to pay the costs.