CELEX: C1998/072/39
Language: en
Date: 1998-03-07 00:00:00
Title: Action brought on 17 December 1997 by Euromin S.A. against the Council of the European Union (Case T-597/97)

7.3.98                EN                  Official Journal of the European Communities                                    C 72/17
Action brought on 17 December 1997 by Euromin S.A.                   The applicant submits that the Council:
          against the Council of the European Union
                        (Case T-597/97)
                                                                     Ð infringed essential procedural requirements and in
                          (98/C 72/39)                                   particular the applicant's right to a fair hearing. This
                                                                         fundamental right of the applicant was violated by the
                                                                         Commission's refusal to grant it a hearing to which it
                (Language of the case: English)
                                                                         was legally entitled and by then granting it a sham
                                                                         hearing, and by the subsequent failure of the Council
                                                                         and the Commission to give proper consideration to
An action against the Council of the European Union was
                                                                         the applicant's representations,
brought before the Court of First Instance of the European
Communities on 17 December 1997 by Euromin S.A.,
represented by Dan Horovitz, Nicholas Robson and Johan
Bäverbrant, with an address for service in Luxembourg at             Ð acted beyond its competence and misused the powers
Fiduciaire Myson, 30 Rue de Cessange.                                    conferred on it by Article 1 of Council Regulation
                                                                         (EC) No 384/96 (1) (the basic anti-dumping
                                                                         Regulation') by imposing an anti-dumping duty on the
The applicant claims that the Court should:                              supply of zinc refining or processing services,
Ð annul Articles 1 and 2 of Council Regulation (EC)
                                                                     Ð infringed the requirements of the basic anti-dumping
    No 1931/97 of 22 September 1997 imposing a
                                                                         regulation by failing to conclude its investigations
    definitive anti-dumping duty on imports of
                                                                         within a reasonable period,
    unwrought, unalloyed zinc originating in Poland and
    Russia and definitively collecting the provisional duty
    imposed (OJ L 272, 4.10.1997, p. 1, the contested
    regulation') in so far as they apply to the applicant,           Ð infringed the requirements of Article 2 of the basic
                                                                         anti-dumping regulation by its manifest error in
                                                                         treating HG grade zinc (the only grade of zinc
Ð declare the contested regulation void with regard to                   produced in Russia) as a like product to SHG and
    the applicant,                                                       GOB grade zinc (the only grades of zinc produced in
                                                                         the Community) and by imposing an anti-dumping
                                                                         duty without having established the existence of
Ð order the Council to take the necessary measures to                    dumping, in particular having incorrectly determined
    comply with this order, including by way of acting to                normal value and export price in respect of imports of
    ensure that all provisional and definitive duties which              zinc originating in Russia,
    have been collected or paid in relation to the applicant
    are fully reimbursed together with payment of legal
    interest on those amounts, and
                                                                     Ð infringed the requirements of Article 3 of the basic
                                                                         anti-dumping regulation in imposing an anti-dumping
                                                                         duty without having established the existence of injury
Ð order the Council to pay the costs.
                                                                         caused by imports of zinc originating in Russia, in
                                                                         particular     without     having     given     adequate
                                                                         consideration to the anti-competitive practices of the
Pleas in law and main arguments adduced in support:
                                                                         complainant Community zinc producers, and misused
                                                                         its powers in its determination of the injury margin
                                                                         which served as the basis for the level of duty
The applicant (a Swiss legal entity) is an exporter of
                                                                         imposed,
Russian zinc to the EU. It moves zinc from Russia to ports
in the EC where the zinc is the cleared for customs
purposes by EC importers. The applicant also maintains
three branches in the Community (in Stockholm,                       Ð infringed the requirements of Article 21 of the basic
Rotterdam and London). These branches, all legally                       anti-dumping regulation by imposing an anti-dumping
dependent on the applicant, provide service and support                  duty without having established the existence of a
facilities to the applicant's core business.                             Community interest calling for intervention against
                                                                         imports of zinc originating in Russia, in particular
                                                                         failing to give proper consideration to relevant changes
By the contested regulation a definitive anti-dumping duty               in the market since the investigation period and to the
has been imposed on imports of unalloyed, unwrought                      representations of users.
zinc falling within CN codes 7901 11 00, 7901 12 10 and
7901 12 30 originating in Poland and Russia. For the
products originating in the Russian Federation, the rate of          (1) OJ L 56, 6.3.1996, p. 1.
the anti-dumping duty applicable to the net, free-at-
Community-frontier price, before duty, has been fixed at
5,2 %.