CELEX: C2002/289/42
Language: en
Date: 2002-11-23 00:00:00
Title: Judgment of the Court of First Instance of 12 September 2002 in Case T-89/00: Europe Chemi-Con (Deutschland) GmbH v Council of the European Union (Anti-dumping — Termination of proceedings — Principle of equal treatment — Initial investigation in one procedure coinciding with a review in another procedure — Article 11(2) of Regulation (EC) No 384/96 — Regulation terminating anti-dumping procedures — Retroactivity)

C 289/22                 EN                      Official Journal of the European Communities                                       23.11.2002
Solicitor, and B. Van de Walle de Ghelcke, lawyer, with an                  mantopoulos, J. J. Gutiérrez Gisbert and J. Branton, lawyers,
address for service in Luxembourg, v Council of the European                with an address for service in Luxembourg, v Council of the
Union (Agents: J. Carbery, M. Sims and J. Monteiro and                      European Union (Agents: S. Marquardt and G. M. Berrisch),
F. P. Ruggeri Laderchi), supported by Commission of the                     supported by Commission of the European Communities
European Communities (Agents: P. Oliver, T. Christoforou and                (Agents: V. Kreuschitz and S. Meany): Application for annul-
K. Fitch), by Republic of Finland (Agents: H. Rotkirch, T. Pynnä            ment of the second paragraph of Article 3 of Council
and E. Bygglin), by Kingdom of Sweden (Agents: A. Kruse and                 Regulation (EC) No 173/2000 of 24 January 2000 terminating
L. Nordling), and by United Kingdom of Great Britain and                    the anti-dumping proceedings concerning imports of certain
Northern Ireland (Agent: R. Magrill): Application for annul-                large aluminium electrolytic capacitors originating in Japan,
ment of Council Regulation (EC) No 2821/98 of 17 December                   the Republic of Korea and Taiwan (OJ 2000 L 22, p. 1), the
1998 amending, as regards withdrawal of the authorisation of                Court of First Instance (Fourth Chamber, Extended Compo-
certain antibiotics, Directive 70/524/EEC concerning additives              sition), composed of: M. Vilaras, President, V. Tiili, J. Pirrung,
in feedingstuffs (OJ 1998 L 351, p. 4), the Court of First                  P. Mengozzi and A.W.H. Meij, Judges; J. Plingers, Adminis-
Instance (Third Chamber), composed of: J. Azizi, President,                 trator, for the Registrar, has given a judgment on 12 September
K. Lenaerts and M. Jaeger, Judges; F. Erlbacher, Legal Secretary,           2002, in which it has ruled:
for the Registrar, has given a judgment on 11 September
2002, in which it:
                                                                            1.     Dismisses the action;
1.     Dismisses the application;
                                                                            2.     Orders the applicant to bear its own costs and pay those of the
                                                                                   defendant;
2.     Orders Alpharma to bear its own costs and to pay those
       incurred by the Council, including those relating to the
       proceedings for interim relief;                                      3.     Orders the intervener to bear its own costs.
3.     Orders the Commission, the Kingdom of Sweden, the Republic
                                                                            (1 ) OJ C 163 of 10.6.2000.
       of Finland and the United Kingdom of Great Britain and
       Northern Ireland to bear their own costs, both in the main
       proceedings and in the proceedings for interim relief.
( 1) OJ C 174 of 19.6.1999.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 12 September 2002
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                            in Case T-113/00: DuPont Teijin Films Luxembourg SA
                                                                            and Others v Commission of the European Communi-
                       of 12 September 2002                                                                  ties ( 1)
in Case T-89/00: Europe Chemi-Con (Deutschland) GmbH                        (Action for annulment — Generalised Tariff Preference
              v Council of the European Union (1)                           System (GSP) — Refusal of request to open investigation —
                                                                            Challengeable act — Misinterpretation of Regulation (EC)
                                                                                         No 2820/98 — Failure to state reasons)
(Anti-dumping — Termination of proceedings — Principle
of equal treatment — Initial investigation in one procedure
coinciding with a review in another procedure —                                                       (2002/C 289/43)
Article 11(2) of Regulation (EC) No 384/96 — Regulation
    terminating anti-dumping procedures — Retroactivity)
                                                                                                (Language of the case: English)
                           (2002/C 289/42)
                    (Language of the case: English)                         In Case T-113/00, DuPont Teijin Films Luxembourg SA,
                                                                            established in Luxembourg (Luxembourg), Mitsubishi Polyester
                                                                            Film GmbH, established in Wiesbaden (Germany), Toray
                                                                            Plastics Europe SA, established in Saint-Maurice-de-Beynost
In Case T-89/00, Europe Chemi-Con (Deutschland) GmbH,                       (France), represented by I. Forrester QC and J. Killick, Barrister,
established in Nuremberg (Germany), represented by K. Ada-                  with an address for service in Luxembourg, v Commission of