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Judgment of the Court of First Instance (Third Chamber) of 9 July 2008. # Trubowest Handel GmbH and Viktor Makarov v Council of the European Union and Commission of the European Communities. # Non-contractual liability - Anti-dumping duties - Anti-dumping Regulation (EC) No 2320/97 - Lawyers’ fees incurred in domestic proceedings - Inadmissibility - Material and non-material damage - Causal link. # Case T-429/04.
ECLI:EU:T:2008:263
62004TJ0429
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(Case T-429/04)
Non-contractual liability – Anti-dumping duties – Anti-dumping Regulation (EC) No 2320/97 – Lawyers’ fees incurred in domestic proceedings – Inadmissibility – Material and non-material damage – Causal link
1. Actions for damages – Subject-matter – Compensation claim against the Community under Article 288, second paragraph, EC – Exclusive jurisdiction of the Court – Review of the nature of the action – Application for refund of anti-dumping duties paid pursuant to a Community regulation claimed to be unlawful – Jurisdiction of the national courts (Arts 234, first para., (b), EC, 235 EC and 288, second para, EC; Council Regulation No 2913/92, Arts 243 to 246) (see paras 43, 45, 47-48, 51, 54, 56, 63, 66, 70-73, 114-115)
2. Non-contractual liability – Conditions – Causal link – Burden of proof – Break in the causal link by reason of the wrongful conduct of the applicant (Arts 235 EC and 288 EC) (see paras 100-103, 113-117, 121-124, 126-134)
Re:
APPLICATION for compensation under Article 288 EC, in respect of the damage allegedly suffered by the applicants by reason of the adoption of Council Regulation (EC) No 2320/97 of 17 November 1997 imposing definitive anti‑dumping duties on imports of certain seamless pipes and tubes of iron or non‑alloy steel originating in Hungary, Poland, Russia, the Czech Republic, Romania and the Slovak Republic, repealing Regulation (EEC) No 1189/93 and terminating the proceeding in respect of such imports originating in the Republic of Croatia (OJ 1997 L 322, p. 1).
Operative part
The Court:
1.Dismisses the action;
2.Orders Trubowest Handel GmbH and Victor Makarov to pay, in addition to their own costs, the costs incurred by the Council and the Commission.