CELEX: 62000TJ0177
Language: en
Date: 2005-03-17 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber, extended composition) of 17 March 2005. # Koninklijke Philips Electronics NV v Council of the European Union. # Dumping - Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty - Absence of simple majority necessary for the adoption of a regulation - Obligation to state reasons. # Case T-177/00.

Judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 17 March 2005 − Philips v Council
      (Case T-177/00)
      Dumping – Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty – Absence of simple majority necessary for the adoption of a regulation – Obligation to state reasons
      1.                     Applications for interim measures – Actionable measures – Definition – Measures producing binding legal effects – Failure
            to adopt a proposal for a regulation imposing an anti-dumping duty – Effect of the regulatory nature of the anti-dumping procedure
            – None (Art. 230 EC; Council Regulation No 384/96, Art. 6(9)) (see paras 30-32)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Failure to adopt a proposal for a regulation imposing
            a definitive anti‑dumping duty (Art. 253 EC; Council Regulation No 384/96) (see para. 35)
      Re:
      
         
               ACTION for the annulment of the Council’s decision of 8 May 2000 rejecting the proposal for a Council Regulation (EC) imposing
                  a definitive anti-dumping duty on imports of certain parts of television camera systems originating in Japan, submitted by
                  the Commission of the European Communities on 7 April 2000 (document COM(2000) 195 final)
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Annuls the Council’s decision of 8 May 2000 rejecting the proposal for a Council Regulation (EC) imposing a definitive anti-dumping
                     duty on imports of certain parts of television camera systems originating in Japan, submitted by the Commission of the European
                     Communities on 7 April 2000 (document COM(2000) 195 final);
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Council of the European Union to pay the costs.