CELEX: C2000/355/48
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court of First Instance of 24 October 2000 in Case T-178/98: Fresh Marine Company SA v Commission of the European Communities (Provisional anti-dumping and countervailing duties — Farmed Atlantic salmon — Non-contractual liability of the Community)

9.12.2000              EN                     Official Journal of the European Communities                                      C 355/21
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 3 October 2000
                     of 29 September 2000
                                                                         in Case T-187/98: Pascual Juan Cubero Vermurie v Com-
                                                                                   mission of the European Communities (1)
in Case T-87/98: International Potash Company v Council
                   of the European Union (1)                                 (Officials — Promotions — Mobility — Admissibility)
                                                                                                    (2000/C 355/47)
(Anti-dumping duties — Fixed duty combined with a variable
duty — Dumping margin — Principle of proportionality —
                      Statement of reasons)                                                  (Language of the case: French)
                                                                         In Case T-187/98: Pascual Juan Cubero Vermurie, an official
                         (2000/C 355/46)                                 in the Commission of the European Communities, residing in
                                                                         Brussels, represented by E. Boigelot, of the Brussels Bar, with
                                                                         an address for service in Luxembourg at the Chambers of
                                                                         L. Schiltz, 2, rue du Fort Rheinsheim, against Commission of
                                                                         the European Communities (Agents: C. Berardis-Kayser and
                  (Language of the case: English)                        F. Clotuche-Duvieusart) — application for, first, the annulment
                                                                         of the decision of 6 April 1998 not to promote the applicant
                                                                         to Grade A 5 during the 1998 promotions and, secondly,
                                                                         compensation for material and non-material damage caused
In Case T-87/98: International Potash Company, established in            to the him as a result of his non-promotion — the Court
Moscow (Russia), represented by J.F. Bellis and R. Luff, of the          of First Instance (Fifth Chamber), composed of R. Garcı́a-
Brussels Bar, with an address for service in Luxembourg at the           Valdecasas, President, P. Lindh and J.D. Cooke, Judges; G. Her-
Chambers of A.F. Brausch, 8 Rue Zithe, against Council of the            zig, administrator, for the Registrar, gave a judgment on
European Union (Agents: S. Marquardt, H. J. Rabe and                     3 October 2000, in which it:
G. Berrisch), supported by the Commission of the European
Communities (Agents V. Kreuschitz and N. Khan) and by the                1.    dismisses the application.
European Potash Producers’ Association, represented by
D. and D. Ehle, Rechtsanwälte, Cologne, with an address for              2.    orders the parties to bear their own costs.
service in Luxembourg at the Chambers of M. Lucius, 6 Rue
Michel Welter — application for annulment of Article 1 of
Council Regulation (EC) No 449/98 of 23 February 1998                    (1) OJ No C 20 of 23.1.99.
amending Regulation (EEC) No 3068/92 in respect of definitive
anti-dumping duties on imports of potassium chloride orig-
inating in Belarus, Russia and Ukraine (OJ 1998 L 58, p. 15)
— the Court of First Instance (Third Chamber, Extended
Composition), composed of: M.K. Lennaerts, President, and
J. Azizi, R.M. Moura Ramos, M. Jaeger and P. Mengozzi, Judges;
B. Pastor, Principal Administrator, for the Registrar, has given
a judgment on 29 September 2000 in which it:                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 24 October 2000
1.    Dismisses the application;
                                                                         in Case T-178/98: Fresh Marine Company SA v Com-
2.    Orders the applicant to pay its own costs and the costs of the               mission of the European Communities (1)
      Council and the European Potash Producers’ Association;
                                                                         (Provisional anti-dumping and countervailing duties —
                                                                         Farmed Atlantic salmon — Non-contractual liability of the
3.    Orders the Commission to bear its own costs.                                                    Community)
                                                                                                    (2000/C 355/48)
(1) OJ C 234, 25.7.98.
                                                                                            (Language of the case: English)
                                                                         In Case T-178/98: Fresh Marine Company SA, established in
                                                                         Trondheim, Norway, represented by J.-F. Bellis and B. Servais,
 ---pagebreak--- C 355/22                EN                     Official Journal of the European Communities                                         9.12.2000
of the Brussels Bar, with an address for service in Luxembourg            aid illegal and incompatible with the common market and
at the Chambers of J. Loesch, 11 rue Goethe, against Com-                 order its recovery — the Court of First Instance (Third
mission of the European Communities (Agents: V. Kreuschitz                Chamber, Extended Composition), composed of: K. Lenaerts,
and N. Khan) — application for compensation to make good                  President, J. Azizi, R.M. Moura Ramos, M. Jaeger and P. Men-
the damage allegedly suffered as a consequence of the adoption            gozzi, Judges; J. Palacio González, Administrator, for the
of Commission Regulation (EC) No 2529/97 of 16 December                   Registrar, has given a judgment on 29 September 2000, in
1997 imposing provisional anti-dumping and countervailing                 which it:
duties on certain imports of farmed Atlantic salmon originat-
ing in Norway (OJ 1997 L 346, p. 63) — the Court of First                 1.    Dismisses the application;
Instance (Third Chamber, Extended Composition), composed
of K. Lenaerts, President, J. Azizi, R.M. Moura Ramos, M. Jaeger          2.    Orders the applicant to pay the costs.
and P. Mengozzi, Judges; J. Palacio González, Administrator,
for the Registrar, gave a judgment on 24 October 2000, in
which it:                                                                 (1) OJ C 174 of 19.6.99.
1.    Orders the Commission to pay to the applicant NOK 431 000;
2.    Dismisses the remainder of the application;
3.    Orders the Commission to bear its own costs and to pay three
      quarters of the applicant’s costs;
4.    Orders the applicant to bear one quarter of its own costs.              JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ No C 160 of 5.6.99.
                                                                                                  of 3 October 2000
                                                                          in Case T-130/99: David Crabbe v European Centre for
                                                                           the Development of Vocational Training (CEDEFOP) (1)
                                                                          (Officials — Establishment of linguist posts — No need to
                                                                                                       adjudicate)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   (2000/C 355/50)
                      of 29 September 2000
                                                                                              (Language of the case: French)
in Case T-55/99: Confederación Española de Transporte
de Mercancı́as (CETM) v Commission of the European
                          Communities (1)                                 In Case T-130/99: David Crabbe, an official at the European
                                                                          Centre for the Development of Vocational Training (CEDE-
(State aid — Aid within the meaning of Article 92(1) of the               FOP), residing in Thessaloniki, Greece, represented by
EC Treaty (now, after amendment, Article 87(1) EC) —                      M.-A. Lucas, of the Liège Bar, with an address for service in
Statement of reasons — Obligation to recover aid —                        Luxembourg at the offices of Société de gestion fiduciaire
Legitimate expectations of recipients — Principle of pro-                 SARL, 13, avenue du Bois, against European Centre for
                            portionality)                                 the Development of Vocational Training (CEDEFOP) (Agent:
                                                                          B. Wägenbaur) — application for the annulment of CEDEFOP’s
                                                                          implied decision not to create linguist posts in its organisation
                          (2000/C 355/49)                                 — the Court of First Instance (Fifth Chamber), composed of
                                                                          R. Garcı́a-Valdecasas, President, P. Lindh and J.D. Cooke,
                                                                          Judges; J. Palacio González, Administrator, for the Registrar,
                    (Language of the case: Spanish)                       gave a judgment on 3 October 2000, the operative part of
                                                                          which is as follows:
In Case T-55/99: Confederación Española de Transporte de
Mercancı́as (CETM) having its registered office in Madrid,                1.    There is no need to adjudicate on the present application.
represented by J. Pérez Villar, of the Madrid Bar, 322 Calle
López de Hoyos, Madrid, against Commission of the European               2.    CEDEFOP is ordered to pay the costs.
Communities (Agents: J. Guerra Fernández and D. Triantafyllou
) — application for annulment of Commission Decision
98/693/EC of 1 July 1998 concerning the Spanish Plan Renove               (1) OJ No C 226 of 7.8.99.
Industrial system of aid for the purchase of commercial
vehicles (August 1994 — December 1996) (OJ 1998 L 329,
p. 23) in that Articles 3 and 4 of that decision declare certain