«(Appeal – Dumping – Failure by the Council to adopt a proposal for a regulation imposing definitive anti-dumping duties – Lack of simple majority necessary for the adoption of the regulation – Expiry of the time-limit for the anti-dumping investigation – Definition of a reviewable act – Obligation to state reasons)»

1.. Appeal – Grounds – Mere repetition of the pleas in law and arguments previously submitted to the Court of First Instance – Failure to identify the error of law relied on – Inadmissible (EC Treaty, Art. 168a (now Art. 225 EC); EC Statute of the Court of Justice, Art. 51, para. 1; Rules of Procedure of the Court, Art. 112(1), first subpara., (c))

2.. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Failure to adopt a proposal for a regulation imposing anti-dumping duties (EC Treaty, Art. 173 (now, after amendment, Art. 230 EC); Council Regulation No 384/96, Art. 6(9))

3.. Actions for annulment – Actionable measures – Regulation imposing definitive anti-dumping duties and decision to close the anti-dumping proceeding without the imposition of anti-dumping duties – Effect of regulatory nature of the proceedings – None (EC Treaty, Art. 173 (now, after amendment, Art. 230 EC))

4.. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation imposing anti-dumping duties – Admissibility of actions brought by the complainants and, in certain circumstances, of actions brought by the producers, exporters and importers of the products concerned (EC Treaty, Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

5.. Acts of the institutions – Statement of reasons – Obligation – Scope – Failure to adopt a proposal for a regulation imposing a definitive anti-dumping duty (EC Treaty, Art. 190 (now Art. 253 EC); Council Regulation No 384/96, Arts 9(4) and 21)

6.. Non-contractual liability – Conditions – Legislative measure – Inadequate statement of reasons – No liability (EC Treaty, Arts 190 and 215, second para. (now Arts 253 and 288, second para., EC))

JUDGMENT OF THE COURT 30 September 2003 (1)

((Appeal – Dumping – Failure by the Council to adopt a proposal for a regulation imposing definitive anti-dumping duties – Lack of simple majority necessary for the adoption of the regulation – Expiry of the time-limit for the anti-dumping investigation – Definition of a reviewable act – Obligation to state reasons))

In Case C-76/01 P,

appellants,

APPEAL against the judgment of the Court of First Instance of the European Communities (Second Chamber, Extended Composition) of 29 November 2002 in Case T-213/97

the other parties to the proceedings being:

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, M. Wathelet and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, P. Jann, F. Macken, N. Colneric, S. von Bahr (Rapporteur), J.N. Cunha Rodrigues and A. Rosas, Judges,

Advocate General: F.G. Jacobs,

having regard to the Report for the Hearing, after hearing oral argument from the appellants and the Council of the European Union at the hearing on 22 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 16 January 2003,

gives the following

The first three pleas

Arguments of the parties

Findings of the Court

─ Admissibility

─ Substance

The fourth ground of appeal

The action for annulment

Admissibility

Substance

The action for damages

On those grounds,

THE COURT

hereby:

Rodríguez Iglesias

Wathelet

Timmermans

Gulmann

Edward

Jann

Macken

Colneric

von Bahr

Cunha Rodrigues

Rosas

Delivered in open court in Luxembourg on 30 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President