CELEX: C2000/176/41
Language: en
Date: 2000-06-24 00:00:00
Title: Case T-81/00: Action brought on 4 April 2000 by ACA — Associação Comercial de Aveiro against the Commission of the European Communities

C 176/24               EN                      Official Journal of the European Communities                                     24.6.2000
Action brought on 4 April 2000 by ACA — Associação                       Pleas in law and main arguments
Comercial de Aveiro against the Commission of the
                    European Communities                                  This action is directed against Council Regulation (EC)
                                                                          No 174/2000 of 24 January 2000 repealing Council Regu-
                         (Case T-81/00)                                   lation (EEC) No 3433/91 in so far as it imposes a definitive
                                                                          anti-dumping duty on imports of gas-fuelled, non-refillable
                        (2000/C 176/41)                                   pocket flint lighters originating in Japan (1).
                                                                          The applicants represent more than 75 % of Community
                 (Language of the case: Portuguese)                       production of gas-fuelled, non-refillable pocket flint lighters.
                                                                          They are suffering the consequences of failure to adopt the
An action against the Commission of the European Communi-                 anti-dumping measures concerned.
ties was brought before the Court of First Instance of the
European Communities on 4 April 2000 by ACA — Associa-
                                                                          In support of their action the applicants allege:
ção Comercial de Aveiro, a non-profit-making organisation,
whose registered office is at Aveiro (Portugal), represented by
João Amaral e Almeida and Bernardo Diniz de Ayala, of the                — manifest error in the appreciation of the facts, having
Lisbon Bar.                                                                    regard to the total lack of correspondence between the
                                                                               results of the preparatory inquiry conducted by the
                                                                               Commission and the content of the provisions enacted by
The applicant claims that the Court should:                                    the Council. It is pointed out in this connection that,
                                                                               according to the Commission’s investigations, the average
a) Declare admissible the present action and, accordingly,                     price of the products imported from Japan amounted to a
     annul the decision of the Commission of the European                      reduction of 22,9 % in relation to the average weighted
     Communities approving the claim for payment of the                        price of the Community producers, despite the upward
     balance relating to file 891038 P3 of 30 November 1999,                   effect which the anti-dumping duty of 35,7 % imposed by
     notified to the applicant on 27 January 2000 by way of                    Regulation No 3433/91 exerted on the prices charged;
     decision No 00723 of the DAFSE — Departamento para
     os Assuntos do Fundo Social Europeu;                                 — breach of Article 253 of the Treaty, inasmuch as there is
                                                                               plainly a conflict between the facts and the contents of the
b) Order the Commission to pay the costs.                                      contested regulation. In that regard, they claim that the
                                                                               regulation does not reveal a single fact which might lend
                                                                               support to the repeal of the anti-dumping measures. On
Pleas in law and main arguments
                                                                               the contrary, all the recitals in the preamble to the
                                                                               regulation emphasise the persistence of a state of grave
The pleas in law and main arguments are identical with those                   danger for the Community industry and the gradual loss
in Case T-80/00.                                                               of profitability recorded in that sector.
                                                                          (1) OJ L 22 of 27 January 2000, p. 16.
Action brought on 15 April 2000 by Bic S.A., Flamagas
S.A. and Swedish Match S.A. against Council of the
                        European Union
                                                                          Action brought on 19 April 2000 by Adolfo Kind against
                         (Case T-82/00)                                          the Commission of the European Communities
                        (2000/C 176/42)
                                                                                                    (Case T-91/00)
                   (Language of the case: Italian)                                                 (2000/C 176/43)
An action against the Council of the European Union was
brought before the Court of First Instance of the European                                    (Language of the case: Italian)
Communities on 15 April 2000 by Bic S.A., Flamagas S.A. and
Swedish Match S.A., represented by Alessio Vianello.                      An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
The applicants claim that the Court should:                               European Communities on 19 April 2000 by Adolfo Kind,
                                                                          represented by Giuseppe Marchesini, of the Vicenza Bar, with
— annul Council Regulation (EC) No 174/2000 of 24 January                 an address for service in Luxembourg at the chambers of
     2000 and order the Council to pay the costs.                         Ernest Arendt, 8-10 Rue Mathias Hardt.