CELEX: C1996/318/17
Language: en
Date: 1996-10-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1996 in Case T-155/94: Climax Paper Converters Ltd v. Council of the European Union (Anti-dumping duties - State-trading country - Individual treatment - Single dumping margin)

No C 318/8                EN                   Official Journal of the European Communities                                      26 . 10 . 96
 How, if at all, would the answers given to the questions                   ( Administrative Court) Frankfurt am Main of 27 August
 referred in the case of Snares v. Adjudication Officer ( Case              1996 , which was received at the Court Registry on
 C-20/96 )( 1 ) differ in the case of a claimant entitled under             11 September 1996, for a preliminary ruling in the case of
 United Kingdom legislation to attendance allowance as an                  Oelmühle Hamburg Aktiengesellschaft and J. Schmidt
 employed or self-employed person, in the light of the terms               Söhne     GmbH       &     Co .   KG     v.   Bundesanstalt      fur
 of the United Kingdom's declaration of 31 December 1986                   Landwirtschaft und Ernahrung ( Federal Office                     of
 pusuant to Article 5 of Council Regulation ( EEC )                        Agriculture and Food ) on the following question :
  1408/71 ( 2 ) ' and of point 11 of Section O ( previously
 Section L ) of Annex VI to that Regulation ?
 (') Case C-20/96 Kelvin Albert Snares v. Adjudication Officer, ( OJ
       No C 77, 16 . 3 . 1996 , p . 8 ).                                   Is it compatible with Community law for German national
 ( 2 ) Regulation ( EEC ) No 1408/71 of the Council of 14 June 1971        law to preclude the recovery of aid wrongly granted for the
       on the application of social security schemes to employed           processing of rape where the recipient, who was unaware of
       persons and their families moving within the Community ( OJ         the facts giving rise to the illegality of the notice of grant and
       No L 149 , 5 . 7 . 1971 , p. 2 ).                                   whose ignorance thereof did not result from gross
                                                                           negligence ( paragraph 48 ( 2 ), seventh sentence, now
                                                                           paragraph 49a ( 2 ), second sentence, of the Ver­
                                                                           waltungsverfahrensgesetz          ( Law on Administrative
                                                                           Procedure )), is able to rely, pursuant to Article 48 (2 ), sixth
 Reference for a preliminary ruling from the
                                                                           sentence, of that Law ( paragraph 49a ( 2 ) of the new version )
 Verwaltungsgericht Frankfurt am Main by order of that
                                                                           in conjunction with paragraph 818 ( 3 ) of the Bürgerliches
 court of 27 August 1996 in the case of Oelmühle Hamburg
                                                                           Gesetzbuch ( Civil Code ), on the absence of ( unjust)
 Aktiengesellschaft and J. Schmidt Söhne GmbH & Co. KG
                                                                           enrichment, where there would normally be held to be no
       v. Bundesanstalt für Landwirtschaft und Ernahrung
                                                                           such enrichment if the recipient has already passed on the
                            ( Case C-298/96 )                             pecuniary advantage of the aid at the time when it is granted
                              ( 96/C 318/ 16 )                             by paying the target price provided for under Community
                                                                          legislation and has obtained no right of recourse, or merely a
 Reference has been made to the Court of Justice of the                   worthless right of recourse, against the supplier of the
European Communities by order of the Verwaltungsgericht                   processed rape ?
                                                         COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  subsequently by Mr Hoff-Nielsen and Yves Cretien, then by
                         of 18 September 1996                             Mr Hoff-Nielsen, Hans-Jürgen Rabe and Georg M.
                                                                          Berrisch ), supported by the Commission of the European
in Case T- 155/94: Climax Paper Converters Ltd v. Council                 Communities ( Agents: Eric White and Nicholas Khan ),
                      of the European Union ( 1 )                         application for the annulment of Council Regulation ( EC )
 (Anti-dumping duties — State-trading country — Individual                No 3664/93 of 22 December 1993 imposing a definitive
               treatment — Single dumping margin)                         anti-dumping duty on imports into the Community of
                              ( 96/C 318 / 17 )                           photograph albums in bookbound form originating in the
                                                                          People's Republic of China and collecting definitively the
                                                                          provisional anti-dumping duty ( 2 ) — the Court of First
                                                                          Instance of the European Communities ( Fourth Chamber,
                                                                          Extended Composition ), composed of K. Lenaerts,
                                                                          President, R. García-Valdecasas, P. Lindh, J. Azizi and J. D.
                   (Language of the case: English)                        Cooke, Judges, Registrar : J. Palacio Gonzalez,
                                                                          Administrator, has given a judgment on 18 September 1996 ,
                                                                          in which it:
In Case T- 155/94 : Climax Paper Converters Ltd, having its
registered office in Hong Kong, represented by Izzet M.                   1 . dismisses the application;
Sinan, Barrister, of the Bar of England and Wales, with an
address for service in Luxembourg at the Chambers of
Arendt and Medernach, 8— 10 rue Mathias Hardt against
the Council of the European Union ( Agents : represented                  2 . orders the applicant to pay its own costs and the costs of
initially by Bjarne Hoff-Nielsen and Jorge Monteiro,                            the Council;
 ---pagebreak--- 26 . 10 . 96           EN                   Official Journal of the European Communities                                No C 318/9
3.    orders the Commission to bear its own costs.                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           of 24 September 1996
(') OJ No C 161 , 11 . 6 . 1994 .
                                                                       in Case T-185/95 : Giovanni Sergio v. Commission of the
( 2 ) OJ No L 333 , 1993 , p . 67 .
                                                                                         European Communities ( 1 )
                                                                       (Officials — Transfer of pension rights — General
                                                                       provisions forgiving effect to the StaffRegulations — Time
                                                                                      limit for submitting a request)
                                                                                                  96/C 318/ 19 )
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 24 September 1996                                             (Language of the case: French)
in    Case   T-57/91 :    National   Association     of Licensed
Opencast Operators v. Commission of the European
                         Communities ( 1 )                             In Case T-185/95 : Giovanni Sergio, an official of the
 (ECSC Treaty — Competition — National undertaking                     Commission of the European Communities, represented by
 owning coal reserves and enjoying a statutory monopoly on             Marc-Albert Lucas, of the Liege Bar, with an address for
 the granting of extraction licences — Consideration on the            service in Luxembourg at the Chambers of Evelyne Korn, 21
part of the licensee represented by payment of a royalty or            rue Nassau, v. Commission of the European Communities
supply of the coal to the licensor — Rate ofroyalties levied           ( Agents: Gianluigi Valsesia and Ana Maria Alves Vieira ) —
— Price of coal supplied — Whether compatible with the                 application for annulment of the decision of the
                           ECSC Treaty)                                Commission rejecting the request for transfer of the
                                                                       applicant's pension rights — the Court of First Instance
                           ( 96/C 318/ 18 )
                                                                       ( Third Chamber ), composed of: C. P. Briët, President, and
                                                                       B. Vesterdorf and A. Potocki, Judges; H. Jung, Registrar, has
                (Language of the case: English)                        given a judgment on 24 September 1996 , in which it:
In Case T-57/91 : The National Association of Licensed
 Opencast Operators, having its registered office in                    1 . dismisses the action as inadmissible in so far as it seeks
Newcastle upon Tyne ( United Kingdom ), represented by                      the issue of directions to the Commission;
Nicholas Green, Barrister, and David James Malcolm
Wilson, Solicitor, with an address for service in
 Luxembourg at the Chambers of Victor Gillen, 13 rue                   2 . dismisses the remainder of the action as unfounded;
Aldringen, against the Commission of the European
 Communities ( Agents : Julian Currall, Stephen Kon and                3 . orders the parties to bear their own costs.
 Leonard Hawkes ), supported by the British Coal
 Corporation, having its registered office in London,
 represented by David Vaughan QC and David Lloyd Jones,                (') OJ No C 333 , 9 . 12 . 1995 .
 Barrister, together with Peter J. Sigler and Rebekah M.
 Gershuny, Solicitors, with an address for service in
 Luxembourg at the Chambers of M. Loesch, 8 rue Zithe —
 application for the annulment in part of Commission
 decision SG(91 ) D/9467 of 23 May 1991 rejecting the
 applicant's complaint concerning the market in coal for
 electricity generation — the Court of First Instance ( Third
 Chamber, Extended Composition ), composed of: C. P.
 Briët, President, K. Lenaerts, B. Vesterdorf, P. Lindh and A.          JUDGMENT OF THE COURT OF FIRST INSTANCE
 Potocki, Judges; B. Pastor, Principal Administrator, for the                              of 26 September 1996
 Registrar, has given a judgment on 24 September 1996 , in             in Case T-192/94: Henry Maurissen v. Court of Auditors of
 which it :                                                                            the European Communities (*)
                                                                        (Action for annulment — Staff report — Admissibility —
 1 . declares inadmissible the second, seventh and ninth                 Statement of reasons — Review by the Court — Limits)
       heads of claim;                                                                           ( 96/C 318 /20
 2 . dismisses the remainder of the applicant 's claims;
                                                                                       (Language of the case: French)
 3 . Orders the applicant to pay all the costs of the
       proceedings, including those of the intervener British
       Coal.                                                            In Case T-192/94 : Henry Maurissen, a former official at the
                                                                        Court of Auditors of the European Communities, residing at
                                                                        Schuttrange ( Luxembourg ), represented by Jean-Noel
 (') OJ No C 243 , 18 . 9 . 1991 .                                      Louis, of the Brussels Bar, with an address for service in
                                                                        Luxembourg at the offices of Fiduciaire Myson SARL, 1 rue
                                                                        Glesener, v. Court of Auditors of the European