Dumping Obligation to state reasons dumping duty Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti Absence of simple majority necessary for the adoption of a regulation
Sumário
Judgment of the Court of First Instance (Fourth Chamber, extended composition) of 17 March 2005.
Koninklijke Philips Electronics NV v Council of the European Union.
Dumping - Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty - Absence of simple majority necessary for the adoption of a regulation - Obligation to state reasons.
Case T-177/00.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 17 March 2005 − Philips v Council
(Case T-177/00)
Dumping – Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty – Absence of simple majority necessary for the adoption of a regulation – Obligation to state reasons
1. Applications for interim measures – Actionable measures – Definition – Measures producing binding legal effects – Failure to adopt a proposal for a regulation imposing an anti-dumping duty – Effect of the regulatory nature of the anti-dumping procedure – None (Art. 230 EC; Council Regulation No 384/96, Art. 6(9)) (see paras 30-32)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Failure to adopt a proposal for a regulation imposing a definitive anti‑dumping duty (Art. 253 EC; Council Regulation No 384/96) (see para. 35)
Re:
| ACTION for the annulment of the Council’s decision of 8 May 2000 rejecting the proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of certain parts of television camera systems originating in Japan, submitted by the Commission of the European Communities on 7 April 2000 (document COM(2000) 195 final) |
Operative part
The Court:
|
1. |
Annuls the Council’s decision of 8 May 2000 rejecting the proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of certain parts of television camera systems originating in Japan, submitted by the Commission of the European Communities on 7 April 2000 (document COM(2000) 195 final); |
|
2. |
Orders the Council of the European Union to pay the costs. |