Court of Justice of the European Communities (including Court of First Instance Decisions)

ACTION FOR A DECLARATION THAT A MEASURE IS VOID - COUNCIL REGULATION IMPOSING A DEFINITIVE ANTI-DUMPING DUTY - ACTION BROUGHT AGAINST THE COMMISSION - INADMISSIBILITY
( EEC TREATY , ART . 173 ; COUNCIL REGULATIONS NOS 2176/84 AND 1698/85 )

IN VIEW OF THE ROLE ATTRIBUTED BY REGULATION NO 2176/84 TO THE COMMISSION IN PROCEEDINGS LEADING TO THE ADOPTION BY THE COUNCIL OF A REGULATION IMPOSING A DEFINITIVE ANTI-DUMPING DUTY AN ACTION TO HAVE SUCH A REGULATION DECLARED VOID LIES ONLY AGAINST THE COUNCIL WHICH ALONE HAS THE POWER OF DECISION .

IN CASE 299/85
TOKYO JUKI INDUSTRIAL CO . LTD , WHOSE REGISTERED OFFICE IS IN TOKYO , JAPAN , REPRESENTED BY PIERRE VAN OMMESLAGHE , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JACQUES LOESCH , 8 RUE ZITHE ,
APPLICANT ,
V
COUNCIL OF THE EUROPEAN COMMUNITIES , REPRESENTED BY HANS-JURGEN LAMBERS , DIRECTOR IN ITS LEGAL DEPARTMENT AND ERIK STEIN , A LEGAL ADVISER , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE JORG KASER , DIRECTOR OF THE LEGAL AFFAIRS DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , 100 BOULEVARD KONRAD ADENAUER , KIRCHBERG ,
AND
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOHN TEMPLE LANG , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GIORGIOS KREMLIS , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANTS ,

APPLICATION FOR A DECLARATION THAT COUNCIL REGULATION ( EEC ) NO 1698/85 OF 19 JUNE 1985 IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF ELECTRONIC TYPEWRITERS ORIGINATING IN JAPAN IS VOID .

UNDER ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE , THE REMAINDER OF THE PROCEEDINGS RELATING TO THE OBJECTION RAISED IS TO BE ORAL UNLESS THE COURT DECIDES OTHERWISE . IN THIS CASE , THE COURT CONSIDERS THAT IT HAS SUFFICIENT INFORMATION AND THAT THERE IS THUS NO NEED TO OPEN THE ORAL PROCEDURE .

THE CONCLUSIONS IN THE APPLICATION REFER EXPRESSLY AND EXCLUSIVELY TO COUNCIL REGULATION NO 1698/85 OF 19 JUNE 1985 .
FURTHERMORE , THE COURT OBSERVES THAT THE COMMISSION ' S ROLE IS SITUATED IN THE CONTEXT OF THE COUNCIL ' S DECISION-MAKING PROCESS . IT APPEARS FROM THE PROVISIONS OF COUNCIL REGULATION NO 2176/84 OF 23 JULY 1984 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( OFFICIAL JOURNAL 1984 , L 201 , P . 1 ), ON THE BASIS OF WHICH THE REGULATION AT ISSUE WAS ADOPTED , THAT THE COMMISSION IS RESPONSIBLE FOR CARRYING OUT THE INVESTIGATIONS AND FOR DECIDING , ON THE BASIS OF THOSE INVESTIGATIONS , WHETHER TO TERMINATE THE PROCEEDINGS OR TO CONTINUE THEM BY ADOPTING PROVISIONAL MEASURES AND BY PROPOSING THAT THE COUNCIL ADOPT DEFINITIVE MEASURES . HOWEVER , THE POWER OF DECISION BELONGS TO THE COUNCIL , WHICH MAY REFRAIN FROM TAKING ANY DECISION AT ALL IF IT DISAGREES WITH THE COMMISSION OR MAY , ON THE CONTRARY , ADOPT A DECISION ON THE BASIS OF THE LATTER ' S PROPOSALS .

CONSEQUENTLY , THE APPLICATION IS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COMMISSION .

ON THOSE GROUNDS ,
THE COURT
HEREBY ORDERS :
( 1 ) THE APPLICATION IS DISMISSED AS INADMISSIBLE IN SO FAR AS IT IS DIRECTED AGAINST THE COMMISSION . ( 2)THE APPLICANT SHALL PAY THE COSTS OCCASIONED BY THE OBJECTION OF INADMISSIBILITY RAISED BY THE COMMISSION IN PURSUANCE OF ARTICLE 91 OF THE RULES OF PROCEDURE . LUXEMBOURG , 15 OCTOBER 1986 .