CELEX: C2004/021/76
Language: en
Date: 2004-01-24 00:00:00
Title: Case T-355/03: Action brought on 16 October 2003 by Andreas Mausolf against Europol

C 21/36                  EN                        Official Journal of the European Union                                       24.1.2004
The applicant also pleads infringement of Article 253 EC.                  Action brought on 31 October 2003 by MEDICI GRIMM
According to the applicant, the Commission has not                                KG against the Council of the European Union
adequately set out the reasons why the transitional rule in
Article 2 of the contested decision must be restricted to
undertakings in respect of which the tax authority had taken a
                                                                                                   (Case T-364/03)
decision as at 11 July 2001.
(1) 2003/515/EC: Commission Decision of 17 February 2003 on the                                     (2004/C 21/77)
    State aid implemented by the Netherlands for international
    financing activities (OJ 2003 L 180, p. 52).
                                                                                             (Language of the case: English)
                                                                           An action against The Council of the European Union was
Action brought on 16 October 2003 by Andreas Mausolf                       brought before the Court of First Instance of the European
                           against Europol                                 Communities on 31 October 2003 by MEDICI GRIMM KG,
                                                                           Rodgau Hainhausen, Germany, represented by Dr Robert
                                                                           MacLean, Solicitor with an address for service in Luxembourg.
                           (Case T-355/03)
                            (2004/C 21/76)                                 The applicant claims that the Court should:
                     (Language of the case: Dutch)
                                                                           —     order that, pursuant to the second paragraph of
                                                                                 Article 288 of the EC Treaty, the Council of Ministers of
                                                                                 the European Union is liable for the damage caused to
                                                                                 the Applicant and order the Council to pay damages to
An action against Europol was brought before the Court of                        the Applicant for the sum of 89 286 EUR in interest and
First Instance of the European Communities on 16 October                         the sum of 81 079 EUR in legal costs of the administrative
2003 by Andreas Mausolf, resident in Leiden (Netherlands),                       procedure, or whatever sums the Court decides appro-
represented by M.F. Baltussen and P. de Casparis.                                priate;
The applicant claims that the Court should:                                —     order the Council to pay the legal costs and expenses of
                                                                                 the procedure.
1)     annul the implicit rejection by Europol of the applicant’s
       complaint challenging the decision of 2 January 2003
       and also to annul the decision of 2 January 2003;
2)     order Europol to pay compensation to Andreas Mausolf,               Pleas in law and main arguments
       including in any event the costs of these proceedings.
                                                                           The applicant is a company dealing in leather handbags. In
Pleas in law and main arguments                                            the course of its business it regularly imported handbags
                                                                           manufactured by a company based in the People’s Republic of
                                                                           China. Council Regulation EC 1567/971 (1) imposed a defini-
The applicant contests the decision not to award him an extra              tive anti-dumping duty on imports of leather handbags
step with effect from 1 July 2002.                                         originating in that country. That Regulation was later amended
                                                                           by Council Regulation (EC) No 2380/98 of 3 November
                                                                           1998 (2) which imposed a specific anti-dumping duty rate of
The applicant submits that the contested decision contains an              0 % on the handbags imported by the applicant.
inadequate statement of reasons and thereby conflicts with the
general principle that decisions must state the reasons on
which they are based.
                                                                           However, this provision was not given retroactive effect and
                                                                           consequently duties paid by the applicant until then were not
                                                                           refunded.