JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber, Extended Composition)
20 June 2000 (1)
(Action for annulment - Dumping - Inadmissibility)
In Case T-597/97,
Euromin SA, established in Geneva, Switzerland, represented initially by D. Horovitz, J. Bäverbrant, G. Vandersanden and N. Stockwell, of the Brussels Bar, and by N. Robson, Solicitor, and subsequently by D. Horovitz, G. Vandersanden, N. Stockwell, M.E. Pitt and S. Sheppard, Solicitors, with an address for service in Luxembourg at the offices of Société de Geston Fiduciaire SARL, 2-4 Rue Beck,
applicant,
v
Council of the European Union, represented by S. Marquardt, of its Legal Service, acting as Agent, assisted by H.-J. Rabe and G. Berrisch, Rechtsanwälte, Hamburg and Brussels, with an address for service in Luxembourg at the office of A. Morbilli, General Counsel of the Legal Affairs Directorate in the European Investment Bank, 100 Boulevard Konrad Adenauer,
defendant,
supported by
Commission of the European Communities, represented by V. Kreuschitz and N. Khan, of the Legal Service, acting as Agents, with an address for service inLuxembourg at the office of C. Gómez de la Cruz, of the Legal Service, Wagner Centre, Kirchberg,
intervener,
APPLICATION for annulment of Council Regulation (EC) No 1931/97 of 22 September 1997 imposing a definitive anti-dumping duty on imports of unwrought, unalloyed zinc originating in Poland and Russia and definitively collecting the provisional duty imposed (OJ 1997 L 272, p. 1),
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Third Chamber, Extended Composition),
composed of: M. Jaeger, President, K. Lenaerts, V. Tiili, J. Azizi and P. Mengozzi, Judges,
Registrar: A. Mair, Administrator,
having regard to the written procedure and further to the hearing on 6 July 1999,
gives the following
Facts and procedure
Forms of order sought
-annul Articles 1 and 2 of the contested Regulation in so far as they apply to the applicant;
-declare the contested Regulation void as regards the applicant;
-order the Council to take the necessary measures to comply with the Court's ruling, including by way of acting to ensure that all provisional and definitive duties which have been collected or paid in relation to the applicant are fully reimbursed together with payment of legal interest on those amounts;
-order the defendant to pay the costs.
-dismiss the application as inadmissible;
-in the alternative, declare the