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4.12.

1999 EN Official Journal of the European Communities C 352/33

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 October 1999 of 20 October 1999

in Case T-171/97: Swedish Match Philippines Inc. v


in Case T-123/97: Salomon SA v Commission of the Council of the European Union (1)
European Communities (1)

(Protection against dumping — Imposition of duty on


(Decision authorising State aid for restructuring — Starting imports of pocket lighters from the Philippines — Causal
point for the time-limit for bringing an action against a connection between the extremely limited quantity of exports
third party — Requirements for the compatibility of the aid) and the existence of injury to Community industry)

(1999/C 352/59)
(1999/C 352/58)

(Language of the case: English)


(Language of the case: French)
In Case T-171/97 Swedish Match Philippines Inc., established
in Manila, the Philippines, represented by Francisco Miguel
In Case T-123/97: Salomon SA, established at Pringy (France), Rodero López, of the Madrid Bar, with an address for service
represented by Loraine Donnedieu de Vabres and Jean-Pierre in Luxembourg at the Chambers of Lucy Dupong, 14a Rue des
Jouyet, of the Paris Bar, with an address for service in Bains v Council of the European Union (Agents: Ramon
Luxembourg at the Chambers of Aloyse May, 31 Grand-rue, Torrent, Antonio Tanca, Hans-Jürgen Rabe and Georg M.
against Commission of the European Communities (Agents: Berrisch) supported by Commission of the European Com-
Gérard Rozet and Ami Barav), supported by the Republic of munities (Agents: Viktor Kreuschitz and Nicholas Khan) —
Austria (Agent: Christine Stix-Hackl) and by HTM Sport- application for partial annulment of Council Regulation (EC)
und Freizeitgeräte AG, established at Schwechat (Austria), No 423/97 of 3 March 1997 amending Regulation (EEC)
represented by Wolfgang Knapp, of the Brussels and Frankfurt No 3433/91 in respect of imports originating in Thailand
Bars, and Till Müller-Ibold, of the Frankfurt Bar, with an and imposing definitive anti-dumping duties on imports of
address for service in Luxembourg at the Chambers of Arendt gas-fuelled, non-refillable pocket flint lighters originating in
and Medernach, 8 to 10 Rue Mathias Hardt — application for Thailand, the Philippines and Mexico (OJ 1997 L 65, p. 1), as
the annulment of Commission Decision 97/81/EC of 30 July amended by Article 1 of Council Regulation (EC) No 1508/97
1996 concerning aid granted by the Austrian Government to of 28 July 1997 (OJ 1997 L 204, p. 7) — the Court (First
the undertaking Head Tyrolia Mares in the form of injections Chamber, Extended Composition), composed of: B. Vesterdorf,
of capital (OJ 1997 L 25, p. 26) — the Court of First Instance President, C.W. Bellamy, J. Pirrung, A.W.H. Meij and M. Vila-
(Second Chamber, Extended Composition), composed of ras, Judges; B. Pastor, Principal Administrator, for the Registrar,
A. Potocki, President, and K. Lenaerts, C.W. Bellamy, J. Azizi has given a judgment on 20 October 1999, in which it:
and A.W.H. Meij, Judges; J. Palacio González, Administrator,
for the Registrar; has given a judgment on 6 October 1999, in
which it: 1. Dismisses the application;

1. Dismisses the application; 2. Orders the applicant to bear its own costs and four fifths of the
costs incurred by the Council;

2. Orders the applicant to pay the costs incurred by the Commission


and by the intervener Head Tyrolia Mares; 3. Orders the Council to bear one fifth of its own costs;

3. Orders the Republic of Austria to bear its own costs. 4. Orders the intervener to bear its own costs.

(1) OJ C 199 of 28.6.1997. (1) OJ C 252 of 16.8.1997.