CELEX: C2000/006/36
Language: en
Date: 2000-01-08 00:00:00
Title: Judgment of the Court of First Instance of 28 October 1999 in Case T-210/95: European Fertilizer Manufacturers' Association (EFMA) v Council of the European Union (Anti-dumping duties — Elimination of injury — Target price — Profit margin on the costs of production)

8.1.2000                EN                     Official Journal of the European Communities                                             C 6/21
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 28 October 1999                                                       of 9 November 1999
in Case T-210/95: European Fertilizer Manufacturers’
 Association (EFMA) v Council of the European Union (1)                   in Case T-102/98: Christina Papadeas v Committee of the
                                                                                         Regions of the European Union (1)
(Anti-dumping duties — Elimination of injury — Target
       price — Profit margin on the costs of production)                  (Officials — Internal competition — Non-admission to the
                                                                          oral tests — Assessment by the Selection Board — Principle
                                                                          of non-discrimination — Principle of sound administration
                                                                           and the duty to have due regard for the welfare of officials)
                           (2000/C 6/36)
                                                                                                    (2000/C 6/37)
                    (Language of the case: English)
In Case T-210/85: European Fertilizer Manufacturers’ Associ-                                 (Language of the case: French)
ation (EFMA), established in Zurich (Switzerland), represented
by Dominique Voillemot and Olivier Prost, of the Paris Bar,
with an address for service in Luxembourg at the Chambers of
Carlos Zeyen, 67 Rue Ermesinde, supported by French Repub-                In Case T-102/98: Christina Papadeas, a former member of the
lic (Agents: Catherine de Salins, Gautier Mignot, and, in the             temporary staff of the Committee of the Regions, residing in
oral procedure, Sujiro Seam) v Council of the European Union              Brussels, represented by Georges Vandersanden, and Laura
(Agents: initially by Yves Cretien and Antonio Tanca, then                Levi, of the Brussels Bar, with an address for service in
solely by Mr Tanca, assisted by Hans-Jürgen Rabe and Georg                Luxembourg at the offices of Fiduciaire Myson SARL, 2-4 Rue
Berrisch), supported by Commission of the European Com-                   Beck, v Committee of the Regions of the European Union
munities (Agent: Nicholas Khan) — application for the annul-              (Agents: Jordi Garcia-Petit and Denis Waelbroeck) — appli-
ment of Article 1 of Council Regulation (EC) No 2022/95 of                cation for annulment of the decision of the Selection Board in
16 August 1995 imposing a definitive anti-dumping duty on                 Internal Competition C/01/97 not to admit the applicant to
imports of ammonium nitrate originating in Russia (OJ                     the oral tests in that competition — the Court of First
1995 L 198, p. 1) — the Court (Second Chamber, Extended                   Instance (Fifth Chamber), composed of J.D. Cooke, President,
Composition), composed of: A. Potocki, President, K. Lenaerts,            R. Garcı́a-Valdecasas and P. Lindh, Judges; J. Palacio González,
C.W. Bellamy, J. Azizi and A.W.H. Meij, Judges; A. Mair,                  Administrator, for the Registrar, gave a judgement on 9 No-
Administrator, for the Registrar, has given a judgment on                 vember 1999, the operative part of which is as follows:
28 October 1999, in which it:
                                                                          1. The decision of the Selection Board in Internal Competition
1. Dismisses the application;                                                  C/01/97 not to admit the applicant to the oral tests is annulled.
2. Orders the applicant to bear its own costs and pay the costs of        2. The Committee of the Regions is ordered to pay the costs in their
     the Council. The Commission and the French Republic shall bear            entirety.
     their own costs.
                                                                          (1) OJ C 278 of 5.9.1998.
(1) OJ C 31 of 3.2.1996.