CELEX: C1998/094/51
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 January 1998 in Case T-97/95: Sinochem National Chemicals Import & Export Corporation v. Council of the European Union (Anti-dumping - Furfuraldehyde - Factors justifying the opening of an investigation - Principle of proportionality - Injury - Rejection of an undertaking - Regulation (EEC) No 2423/88)

C 94/20               EN                Official Journal of the European Communities                                  28.3.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 29 January 1998                                                 of 29 January 1998
                                                                   in Case T-62/96: Willy de Corte v. Commission of the
in Case T-97/95: Sinochem National Chemicals Import &
                                                                                     European Communities (1)
 Export Corporation v. Council of the European Union (1)
                                                                   (Officials Ð Partial permanent invalidity Ð Accident Ð
(Anti-dumping Ð Furfuraldehyde Ð Factors justifying the                           Link between cause and effect)
opening of an investigation Ð Principle of proportionality
Ð Injury Ð Rejection of an undertaking Ð Regulation                                        (98/C 94/52)
                     (EEC) No 2423/88)
                         (98/C 94/51)                                             (Language of the case: French)
                                                                   In Case T-62/96: Willy de Corte, an official of the
               (Language of the case: English)                     Commission of the European Communities, residing at
                                                                   Halle (Belgium), represented by Lucas Vogel, of the
                                                                   Brussels Bar, with an address for service in Luxembourg at
                                                                   the Chambers of Christian Kremer, 8Ð10 Rue Mathias
                                                                   Hardt, v. Commission of the European Communities
In Case T-97/95: Sinochem National Chemicals Import &              (Agent: Julian Currall) Ð application for annulment of the
Export Corporation established in Beijing, represented by          decision of the Commission of 16 June 1995 refusing to
Jean-FrancËois Bellis, of the Brussels Bar, with an address        accept, in accordance with the rules on insurance against
for service in Luxembourg at the Chambers of Loesch and            the risk of accident, financial responsibility for the
Wolter, 11 Rue Goethe v. Council of the European Union             consequences of an infarction suffered by the applicant
(Agents: initially Yves Cretien and Antonio Tanca,                 and, in so far as may be necessary, annulment of the
subsequently Mr Tanca, Hans-Jürgen Rabe and Georg M.               decision of 25 January 1996 expressly rejecting the
Berrisch), supported by Commission of the European                 applicant's complaint Ð the Court of First Instance
Communities (Agent: Nicholas Khan) and Furfural                    (Second Chamber), composed of: A. Kalogeropoulos,
EspanÄol SA, established in Alcantarilla (Spain),                  President, and C. W. Bellamy and J. Pirrung, Judges; A.
represented by JoseÂ Rivas de AndreÂs, of the Madrid Bar,          Mair, Administrator, for the Registrar, has given a
with an address for service in Luxembourg at the                   judgment on 29 January 1998, in which it:
Chambers of ArseÁne Kronshagen, 22 Rue Marie-AdeÂlaïde
Ð for the annulment of Council Regulation (EC) No 95/
95 of 16 January 1995 imposing a definitive anti-dumping           1. dismisses the application;
duty on imports of furfuraldehyde originating in the
People's Republic of China (OJ L 15, 21.1.1995, p. 11) Ð
the Court (Fifth Chamber, Extended Composition),
                                                                   2. orders the parties to bear their own costs.
composed of R. García-Valdecasas, President of the
Chamber, V. Tiili, J. Azizi, R. M. Moura Ramos and M.
Jaeger, Judges; A. Mair, Registrar, gave a judgment on             (1) OJ C 197, 6.7.1996.
29 January 1998 in which it:
1. dismisses the application;
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 22 January 1998
2. orders the applicant to bear its own costs and to pay
                                                                   in Case T-98/96: Mario Costacurta v. Commission of the
    the costs of the Council and of the intervener Furfural
                                                                                     European Communities (1)
    EspanÄol;
                                                                   (Officials Ð Decision reassigning an official Ð Article 7
                                                                   of the Staff Regulations Ð Annex X to the Staff
                                                                                            Regulations)
3. orders the Commission to bear its own costs.                                            (98/C 94/53)
(1) OJ C 159, 24.6.1995.                                                          (Language of the case: French)
                                                                   In Case T-98/96: Mario Costacurta, an official of the
                                                                   Commission of the European Communities, residing at