CELEX: C1999/352/58
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court of First Instance of 6 October 1999 in Case T-123/97: Salomon SA v Commission of the European Communities (Decision authorising State aid for restructuring - Starting point for the time-limit for bringing an action against a third party - Requirements for the compatibility of the aid)

4.12.1999               EN                     Official Journal of the European Communities                                         C 352/33
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 6 October 1999                                                         of 20 October 1999
                                                                          in Case T-171/97: Swedish Match Philippines Inc. v
in Case T-123/97: Salomon SA v Commission of the                                         Council of the European Union (1)
                    European Communities (1)
                                                                          (Protection against dumping — Imposition of duty on
(Decision authorising State aid for restructuring — Starting              imports of pocket lighters from the Philippines — Causal
point for the time-limit for bringing an action against a                 connection between the extremely limited quantity of exports
third party — Requirements for the compatibility of the aid)                    and the existence of injury to Community industry)
                                                                                                     (1999/C 352/59)
                          (1999/C 352/58)
                                                                                              (Language of the case: English)
                    (Language of the case: French)
                                                                          In Case T-171/97 Swedish Match Philippines Inc., established
                                                                          in Manila, the Philippines, represented by Francisco Miguel
In Case T-123/97: Salomon SA, established at Pringy (France),             Rodero López, of the Madrid Bar, with an address for service
represented by Loraine Donnedieu de Vabres and Jean-Pierre                in Luxembourg at the Chambers of Lucy Dupong, 14a Rue des
Jouyet, of the Paris Bar, with an address for service in                  Bains v Council of the European Union (Agents: Ramon
Luxembourg at the Chambers of Aloyse May, 31 Grand-rue,                   Torrent, Antonio Tanca, Hans-Jürgen Rabe and Georg M.
against Commission of the European Communities (Agents:                   Berrisch) supported by Commission of the European Com-
Gérard Rozet and Ami Barav), supported by the Republic of                 munities (Agents: Viktor Kreuschitz and Nicholas Khan) —
Austria (Agent: Christine Stix-Hackl) and by HTM Sport-                   application for partial annulment of Council Regulation (EC)
und Freizeitgeräte AG, established at Schwechat (Austria),                No 423/97 of 3 March 1997 amending Regulation (EEC)
represented by Wolfgang Knapp, of the Brussels and Frankfurt              No 3433/91 in respect of imports originating in Thailand
Bars, and Till Müller-Ibold, of the Frankfurt Bar, with an                and imposing definitive anti-dumping duties on imports of
address for service in Luxembourg at the Chambers of Arendt               gas-fuelled, non-refillable pocket flint lighters originating in
and Medernach, 8 to 10 Rue Mathias Hardt — application for                Thailand, the Philippines and Mexico (OJ 1997 L 65, p. 1), as
the annulment of Commission Decision 97/81/EC of 30 July                  amended by Article 1 of Council Regulation (EC) No 1508/97
1996 concerning aid granted by the Austrian Government to                 of 28 July 1997 (OJ 1997 L 204, p. 7) — the Court (First
the undertaking Head Tyrolia Mares in the form of injections              Chamber, Extended Composition), composed of: B. Vesterdorf,
of capital (OJ 1997 L 25, p. 26) — the Court of First Instance            President, C.W. Bellamy, J. Pirrung, A.W.H. Meij and M. Vila-
(Second Chamber, Extended Composition), composed of                       ras, Judges; B. Pastor, Principal Administrator, for the Registrar,
A. Potocki, President, and K. Lenaerts, C.W. Bellamy, J. Azizi            has given a judgment on 20 October 1999, in which it:
and A.W.H. Meij, Judges; J. Palacio González, Administrator,
for the Registrar; has given a judgment on 6 October 1999, in
which it:                                                                 1. Dismisses the application;
1. Dismisses the application;                                             2. Orders the applicant to bear its own costs and four fifths of the
                                                                               costs incurred by the Council;
2. Orders the applicant to pay the costs incurred by the Commission
     and by the intervener Head Tyrolia Mares;                            3. Orders the Council to bear one fifth of its own costs;
3. Orders the Republic of Austria to bear its own costs.                  4. Orders the intervener to bear its own costs.
(1) OJ C 199 of 28.6.1997.                                                (1) OJ C 252 of 16.8.1997.