CELEX: C1997/212/55
Language: en
Date: 1997-07-12 00:00:00
Title: Action brought on 16 April 1997 by Eliane De Bruyne against the European Commission (Case T-115/97)

No C 212/28            EN                  Official Journal of the European Communities                                   12 . 7 . 97
Pleas in law and main arguments adduced in support:                   Pleas in law and main arguments adduced in support:
The applicant assembles bicycles in France under its own              The pleas in law and main arguments are similar to those
brand name ' Starway' and under the brand names of its                in Case T-16/97 P ). '
customers for bicycles made to order.
                                                                       1 OJ No C 74, 8 . 3 . 1997, p . 27.
This action is for the annulment of Article 2 of Council
Regulation ( EC ) No 71 /97 of 10 January 1997 extending
the definitive anti-dumping duty imposed by Regulation
( EEC ) No 2474/93 on bicycles originating in the People's
Republic of China to imports of certain bicycle parts from
the People's Republic of China, in so far as it applies to            Action brought on 16 April 1997 by Eugene Kimman
imports by the applicant.                                                           against the European Commission
                                                                                                 ( Case T-l 16/97 )
The applicant considers that the Council has infringed
                                                                                                    ( 97/C 212/56 )
Article 13 of Council Regulation (EC ) No 384/96 of
22 December 1995 by extending the anti-dumping duty                                   (Language of the case: French)
applicable to imports of bicycles to imports of parts of
bicycles without the conditions in Article 13 (2 ) of that            An action against the European Commission was brought
regulation, and particularly Article 13 (2 ) ( b ) thereof,           before the Court of First Instance of the European
being fulfilled. The Council wrongly concluded that                   Communities on 16 April 1997 by Eugene Kimman,
bicycle parts originating in China imported by the                    residing in Riga ( Latvia ), represented by Nicolas Lhoest,
applicant during the period of the investigation constituted          of the Brussels Bar, with an address for service in
 60% or more of the total value of the parts of the                    Luxembourg at the offices of Fiduciaire Myson Sari, 30
 assembled product.                                                    Rue de Cessange .
The applicant maintains, moreover, that, contrary to                  The applicant claims that the Court should:
 Article 190 of the Treaty, the contested regulation is not
 supported by an adequate statement of reasons, in that the           — annul the Commission decision of 20 June 1996
 grounds relied on to justify the extension of the anti­                   rejecting the applicant's request that the Commission
 dumping duty to the imports of bicycle parts by the                       consider the possible application of Article 31 ( 2 ) of
 applicant bear no logical relation to the conclusion they                 the Staff Regulations,
 are alleged to support.
                                                                       — annul, in so far as may be necessary, the decision
                                                                           adopted by the Commission on 27 December 1996
                                                                           expressly rejecting the applicant's complaint,
                                                                       — order the defendant to pay all the costs of the
 Action brought on 16 April 1997 by Eliane De Bruyne                       proceedings.
                against the European Commission
                         ( Case T-l 15/97)                             Pleas in law and main arguments adduced in support:
                           ( 97/C 212/55 )
                                                                       The pleas in law and main arguments are similar to those
                                                                       in Case T-l 6/97 ( M.
                  (Language of the case: French)
  An action against the European Commission was brought                (') OJ No C 74 , 8 . 3 . 1997, p . 27 .
  before the Court of First Instance of the European
  Communities on 16 April 1997 by Eliane De Bruyne,
  residing in Brussels, represented by Nicolas Lhoest, of the
  Brussels Bar, with an address for service in Luxembourg at
  the offices of Fiduciaire Myson Sari , 30 Rue de Cessange.
                                                                       Action brought on 22 April 1997 by Lars Bosche against
  The applicant claims that the Court should:                                               the European Parliament
                                                                                                   ( Case T-128/97 )
  — annul the Commission decision of 20 June 1996                                                      97/C 212/57
       rejecting the applicant's request that the Commission
       consider the possible application of Article 31 ( 2 ) of                        (Language of the case: French)
       the Staff Regulations,
                                                                        An action against the European Parliament was brought
  — annul , in so far as may be necessary, the decision                 before the Court of First Instance of the European
       adopted by the Commission on 27 December 1996                    Communities on 22 April 1997 by Lars Bosche, residing
       expressly rejecting the applicant's complaint,                   in Luxembourg, represented by Jean-Noel Louis, Thierry
                                                                        Demaseure and Ariane Tornel, all of the Brussels Bar, with
  — order the defendant to pay all the costs of the                     an address for service in Luxembourg at the offices of
       proceedings .                                                    Fiduciaire Myson Sari, 30 Rue de Cessange .