CELEX: C1999/352/55
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court of First Instance of 14 October 1999 in Joined Cases T-191/96 and T-106/97: CAS Succhi di Frutta SpA v Commission of the European Communities (Common agricultural policy - Food aid - Tendering procedure - Payment of successful tenderers in fruit other than those specified in the notice of invitation to tender)

4.12.1999             EN                      Official Journal of the European Communities                                            C 352/31
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 12 October 1999                                                         of 14 October 1999
in Case T-48/96: Acme Industry Co. Ltd v Council of the
                      European Union (1)                                 in Joined Cases T-191/96 and T-106/97: CAS Succhi di
                                                                         Frutta SpA v Commission of the European Communi-
                                                                                                          ties (1)
(Dumping — Articles 2(3)(b)(ii) and 2(10)(b) of Regulation
(EEC) No 2423/88 — Retroactive application of Regulation
(EC) No 3283/94 — Constructed normal value — Estab-                      (Common agricultural policy — Food aid — Tendering
lishing sales, general and administrative expenses and profit            procedure — Payment of successful tenderers in fruit other
margin — Reliability of data — Treatment of import duties                   than those specified in the notice of invitation to tender)
                       and indirect taxes)
                                                                                                   (1999/C 352/55)
                        (1999/C 352/54)
                  (Language of the case: English)                                            (Language of the case: Italian)
In Case T-48/96 Acme Industry Co. Ltd, established in                    In Joined Cases T-191/96 and T-106/97: CAS Succhi di Frutta
Bangkok, represented by Jacques Bourgeois, of the Brussels               SpA, established in Castagnaro, Italy, represented by Alberto
Bar, with an address for service in Luxembourg at the                    Miele, of the Padua Bar, Antonio Tizzano and Gian Michele
Chambers of Marc Loesch, 8 Rue Zithe v Council of the                    Roberti, of the Naples Bar, and Carlo Scarpa, of the Venice Bar
European Union (Agents: Antonio Tanca, Hans-Jürgen Rabe                  against Commission of the European Communities (Agents:
and Georg M. Berrisch), supported by Commission of the                   Paolo Ziotti and Alberto Dal Ferro) — application for annul-
European Communities (Agent: Nicholas Khan) and French                   ment of Commission Decisions C (96) 2208 of 6 September
Republic (Agents: Kareen Rispal-Bellanger and Sujiro Seam) —             1996 (Case T-191/96) amending its decision of 14 June 1996,
application for the annulment of Council Regulation (EC)                 and C (96) 1916 of 22 July 1996 (Case T-106/97) on the
No 5/96 of 22 December 1995 imposing definitive anti-                    supply of fruit juice and fruit jams intended for the people of
dumping duties on imports of microwave ovens originating in              Armenia and Azerbaijan provided for in Regulation (EC)
the People’s Republic of China, the Republic of Korea, Malaysia          No 228/96 — the Court of First Instance (Second Chamber),
and Thailand and collecting definitively the provisional duty            composed of A. Potocki, President, C.W. Bellamy and
imposed (OJ 1996 L 2, p. 1) — the Court (Fifth Chamber,                  A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment
Extended Composition), composed of: J.D. Cooke, President,               on 14 October 1999, in which it:
R. Garcia-Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judg-
es; H. Jung, Registrar, has given a judgment on 12 October
1999, in which it:                                                       1. Annuls Commission Decision C (96) 2208 of 6 September
                                                                              1996;
1. Dismisses the action;
                                                                         2. Dismisses the application in Case T-106/97 as inadmissible;
2. Orders the applicant to bear its own costs and to pay those of the
     Council;
                                                                         3. Orders the Commission to pay the costs in Case T-191/96,
                                                                              orders each party to bear its own costs in Case T-191/96 R, and
3. Orders the Commission and the French Republic to bear their                orders the applicant to pay the costs relating to Case T-106/97.
     own costs.
                                                                         (1) OJ C 94 of 22.3.1997 and C 199 of 28.6.1997.
(1) OJ C 180 of 22.6.1996.