CELEX: C1996/210/49
Language: en
Date: 1996-07-20 00:00:00
Title: Action brought on 15 May 1996 by Mediocurso, Estabelecimento de Ensino Particular, Limitada, against the Commission of the European Communities (Case T-72/96)

No C 210/20         EN                   Official Journal of the European Communities                                    20 . 7 . 96
Action brought on 15 May 1996 by Mediocurso,                        — breach of essential procedural requirements of
Estabelecimento de Ensino Particular, Limitada, against the             Article 6 ( 1 ) of Regulation ( EEC ) No"2950/83 inasmuch
        Commission of the European Communities                          as the Portuguese State was not given an opportunity to
                       ( Case T-70/96 )                                 comment ,
                         ( 96/C 210/48 )
                                                                    — assuming, as a working hypothesis, that the statement of
                                                                        reasons of the contested act consists of the letters from
            (Language of tbe case: Portuguese)                          Dafse which contain the financial report, audits, breach
                                                                        of the obligation to state reasons, of the principle of
An action against the Commission of the European                        respect for acquired rights, of the principle of the
Communities was brought before the Court of First                       protection of legitimate expectations , of the principle
Instance of the European Communities on 15 May 1996                     of proportionality, of the rules applicable to the
by Mediocurso, Estabelecimento de Ensino Particular,                    management of the European Social Fund and of the
Limitada, whose registered office is in Lisbon , represented            earlier act approving the contribution in question .
by Carlos Botelho Moniz and Paulo Moura Pinheiro, of the
Lisbon Bar, with an address for service in Luxembourg
at the Chambers of Aloyse May, 31 Grand-rue ,
Luxembourg.
The applicant claims that the Court should :
                                                                    Action brought on 15 May 1996 by Mediocurso,
                                                                    Estabelecimento de Ensino Particular, Limitada, against the
— annul the act of the Commission of the European
                                                                            Commission of the European Communities
    Communities, bearing no date and headed 'Debit Note ',
    reference No 95005690 E, ordering the applicant to                                       ( Case T-72/96 )
    repay Esc 1 482 209 in the context of a training                                           ( 96/C 210/49 )
    operation financed by the European Social Fund, file
    No 890583 PI ,
                                                                                 (Language of the case: Portuguese)
— order the defendant to pay all the costs of the
    proceedings .                                                   An action against the Commission of the European
                                                                    Communities was brought before the Court of First
Pleas in law and main arguments                                     Instance of the European Communities on 15 May 1 996
                                                                    by Mediocurso , Estabelecimento de Ensino Particular,
The applicant, a commercial company which in 1988                   Limitada , whose registered office is in Lisbon, represented
                                                                    by Carlos Botelho Moniz and Paulo Moura Pinheiro, of the
submitted to the European Social Fund ( ESF ), through
Dafse, various requests for contributions to training               Lisbon Bar, with an address for service in Luxembourg
                                                                    at the Chambers of Aloyse May, 31 Grand-rue ,
operations which it intended to carry out during 1989 , is
seeking the annulment of the act of the Commission of the           Luxembourg.
European Communities, bearing no date and headed 'Debit
Note', reference No 95005690 E, ordering the applicant to           The applicant claims that the Court should :
repay Esc 1 482 209 in the context of a training operation
financed by the European Social Fund, file No 890583 PI on
                                                                    — annul the act of the Commission of the European
the following grounds :                                                 Communities, bearing no date and headed 'Debit Note ',
                                                                        reference No 95005645 F, ordering the applicant to
— lack of competence, inasmuch as the author of the act                 repay Esc 1 271 245 in the context of a training
    has no power to make a decision in the name of the                  operation financed by the European Social Fund , File
    Commission as regards payment claims for the balance                No 890588 PI ,
    submitted by bodies entitled to ESF contributions,
                                                                    — order the defendant to pay all the costs of the
— infringement of Article 190 of the EC Treaty inasmuch                 proceedings .
    as it completely lacks a statement of reasons,
— breach of the principle of giving the interested parties an       Pleas in law and main arguments
    opportunity to be heard beforehand , inasmuch as it was
    adopted without having given the applicant the                  The applicant, a commercial company which in 1988
    opportunity to comment on its content,                          submitted to the European Social Fund ( ESF ), through
                                                                    Dafse , various requests for contributions to training
— breach of the principle of the protection of legitimate           operations which it intended to carry out during 1989 , is
    expectations, inasmuch as, although the claim for               seeking the annulment of the act of the Commission of the
    payment of the balance relating to the file in question         European Communities, bearing no date and headed 'Debit
    was submitted in time , the Commission did not adopt            Note ', reference No 95005645 F, ordering the applicant to
    within a reasonable period a decision thereon ,                 repay Esc 1 271 245 in the context of a training operation
 ---pagebreak---  20 . 7. 96              EN                 Official Journal of the European Communities                                 No C 210/21
 financed by the European Social Fund, File No 890588 PI               — pursuant to Articles 178 and 215 of the EC Treaty, order
 on the following grounds :                                                 the Commission to make good the damage caused by
                                                                            it .
— lack of competence, inasmuch as the author of the act
     has no power to make a decision in the name of the
      Commission as regards payment claims for the balance
     submitted by bodies entitled to ESF contributions,                Pleas in law and main arguments
— infringement of Article 190 of the EC Treaty inasmuch
     as it completely lacks a statement of reasons,                    The applicant, a Turkish limited liability company engaged
                                                                       in the manufacture and domestic and export sales, inter alia,
— breach of the principle of giving the interested parties an          of various types of cotton fabric, contests the Commission
     opportunity to be heard beforehand, inasmuch as it was            decision initiating anti-dumping proceedings concerning
     adopted without having given the applicant the                    imports of unbleached cotton fabrics originating in the
     opportunity to comment on its content,                            People's Republic of China, Egypt, India, Indonesia,
                                                                       Pakistan and Turkey, in so far as it affects the applicant.
— breach of the principle of the protection of legitimate
     expectations, inasmuch as, although the claim for
     payment of the balance relating to the file in question          The Commission has acted unlawfully vis-à-vis the
     was submitted in time, the Commission did not adopt               applicant by infringing the rules relating to the application
     within a reasonable period a decision thereon;                    of the EC Treaty and by misusing its powers, in that it has
                                                                       failed to apply the terms of the Agreement establishing an
— breach of essential procedural requirements of                      Association between the EC and Turkey, and in particular,
     Article 6 ( 1 ) of Regulation ( EEC ) No 2950/83 inasmuch        the procedure laid down in Article 47 of the additional
     as the Portuguese State was not given an opportunity to
                                                                      Protocol, in respect of anti-dumping cases involving the
                                                                       Community and Turkey, in the context of the final phase of
     comment ,
                                                                      customs union between both of them. The applicant stresses
— assuming, as a working hypothesis, that the statement of            in this regard that Article 47 refers to the Association
     reasons of the contested act consists of the letters from         Council, and not to the Commission, as the authority which
     Dafse which contain the financial report, audits, breach         must decide whether dumping is being practised .
     of the obligation to state reasons, of the principle of
     respect for acquired rights, of the principle of the
                                                                      According to the applicant, the approach adopted by the
     protection of legitimate expectations, of the principle
                                                                      Commission places Turkey in the same category as third
     of proportionality, of the rules applicable to the               countries with which the EC does not have the same kind of
     management of the European Social Fund and of the
                                                                      close legal and institutional ties, and thereby renders the
     earlier act approving the contribution in question .
                                                                      customs union established between the EC and Turkey
                                                                      meaningless so far as anti-dumping disputes are concerned,
                                                                      contrary to the Association Agreement.
                                                                      Finally, the applicant criticizes the recent insertion of the
Action brought on 20 May 1996 by Sôktas Pamuk Ve Tarim                sampling provision in Article 17 of the anti-dumping
Uriinlerini Degerlendirme Ticaret Ve Sanayii AS against the           Regulation, in so far as :
         Commission of the European Communities
                          ( Case T-75/96 )
                            ( 96/C 210/50 )
                                                                      — it deprives a cooperating party in an anti-dumping
                                                                           proceeding of a fair review of its individual position,
                 (Language of the case: English)
                                                                      — it makes it easier for the Commission to establish that the
An action against the Commission of the European                           ' Community industry' has cooperated, and
Communities was brought before the Court of First
Instance of the European Communities on 20 May 1996 by
Soktas Pamuk Ve Tarim Uriinlerini Degerlendirme Ticaret               — it enables the Commission to impose on parties not
Ve Sanayii AS, represented by Izzet M. Sinan, Barrister,                   included in the sample duties not exceeding the weighted
instructed by Morgan, Lewis & Bockius, Brussels, with an                   average margin of dumping or assessed on the facts
address for service in Luxembourg at the office of Arendt &                available .   On       the   other  hand,  the   effect   of
Medernach, 8-10 rue Matthias Hardt, Bt. 39 .                               Article 11 ( 4 ) (c ) of the anti-dumping Regulation is that
                                                                           where sampling has been used so-called ' newcomer
                                                                           reviews' under Article 11 ( 4 ) will not be possible .
The applicant claims that the Court should :
— declare the contested decision void and, in accordance
     with Article 87 ( 2 ) of the Rules of Procedure, award
     costs to the applicant,