15.8.2008   

EN

Official Journal of the European Union

C 209/43


Judgment of the Court of First Instance (Third Chamber) of 9 July 2008 — Trubowest Handel GmbH and Makarov v Council and Commission

(Case T-429/04) (1)

(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)

(2008/C 209/74)

Language of the case: English

Parties

Applicants: Trubowest Handel GmbH (Cologne, Germany) and Viktor Makarov, (Cologne), (represented by: K. Adamantopoulos and E. Petritsi, lawyers)

Defendants: Council of the European Union (represented by: J.-P. Hix, Agent, and G. Berrisch, lawyer) and Commission of the European Communities (represented by N. Khan and T. Scharf, Agents)

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 of the judgment

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.


(1)  OJ C 31, 5.2.2005.