CELEX: C2004/007/55
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 16 October 2003 in Case T-47/01: Co-Frutta Soc. coop. rl v Commission of the European Communities (Action for annulment — Access to documents — Decision 94/90/ECSC, EC, Euratom — Refusal — Authorship rule — Misuse of powers)

10.1.2004                EN                             Official Journal of the European Union                                               C 7/31
1.    The contested decision of the Commission 2001/146/EC of                   2.    Dismisses the rest of the action as unfounded.
      20 September 2000 relating to a proceeding under Article 81
      of the EC Treaty (COMP/36.653 — Opel) is annulled in so
                                                                                3.    Orders the applicant to bear its own costs, as well as those of
      far as it establishes the existence of a restrictive supply measure
                                                                                      the Commission.
      contrary to Article 81(1) EC.
2.    The amount of the fine imposed on the applicants by Article 3
                                                                                (1) OJ C 150 of 19.5.2001.
      of the contested decision is reduced to EUR 35 475 000.
3.    The application is dismissed as to the remainder.
4.    The applicants are ordered to bear four fifths of their own costs
      and four fifths of the Commission’s costs; the Commission is
      ordered to bear one fifth of its own costs and one fifth of the
      applicants’ costs.
                                                                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 61 of 24.2.2001.
                                                                                                        of 23 October 2003
                                                                                in Case T-255/01: Changzhou Hailong Electronics & Light
                                                                                Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v
                                                                                               Council of the European Union (1)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                (Anti-dumping — Determination of normal value — Mar-
                         of 16 October 2003                                     ket-economy treatment — Analogue country — Article 2(7)
                                                                                                  of Regulation (EC) No 384/96)
in Case T-47/01: Co-Frutta Soc. coop. rl v Commission of
                  the European Communities (1)                                                              (2004/C 7/56)
(Action for annulment — Access to documents — Decision
94/90/ECSC, EC, Euratom — Refusal — Authorship rule                                                 (Language of the case: English)
                         — Misuse of powers)
                             (2004/C 7/55)
                                                                                In Case T-255/01, Changzhou Hailong Electronics & Light
                                                                                Fixtures Co. Ltd, established at Changzhou (China), Zhejiang
                     (Language of the case: Italian)                            Yankon Group Co. Ltd, formerly Zheijang Sunlight Group Co.
                                                                                Ltd, established at Shangyu (China), represented by P. Bentley
                                                                                QC, and F. Ragolle, lawyer, v Council of the European Union
                                                                                (Agents: S. Marquardt, and G. M. Berrisch), supported by
In Case T-47/01, Co-Frutta Soc. coop. rl, established in Padua                  Commission of the European Communities (Agents: V. Kreu-
(Italy), represented by W. Viscardini, M. Paolin and S. Donà,                   schitz, T. Scharf and S. Meany): Application for annulment of
lawyers, v Commission of the European Communities (Agents:                      Council Regulation (EC) No 1470/2001 of 16 July 2001
P. Stancanelli, P. Aalto and P. Wölker): Application for                        imposing a definitive anti-dumping duty and collecting defini-
annulment of the Commission’s decision contained in the                         tively the provisional duty imposed on imports of integrated
letters of 31 July 2000 from the Directorate-General for                        electronic compact fluorescent lamps (CFL-i) originating in the
Agriculture and 5 December 2000 from the Secretary-General                      People’s Republic of China (OJ 2001 L 195, p. 8), the Court
of the Commission, by which access to the documents sought                      of First Instance (Fifth Chamber, Extended Composition),
by the applicant in connection with the arrangements for                        composed of: R. García-Valdecasas, President, P. Lindh,
importing bananas was partly refused, the Court of First                        J.D. Cooke, J. Pirrung and H. Legal, Judges; J. Plingers,
Instance (Fifth Chamber), composed of: R. García-Valdecasas,                    Administrator, for the Registrar, has given a judgment on
President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,                23 October 2003, in which it:
Principal Administrator, for the Registrar, has given a judgment
on 16 October 2003, in which it:
                                                                                1.    Dismisses the action.
1.    Dismisses the application for annulment of the decision
      contained in the letter from DG Agriculture of 31 July 2000               2.    Orders the applicants to bear their own costs and to pay the
      as inadmissible.                                                                costs incurred by the Council.