Action brought on 14 December 2004 by Chr. Muller Touw B.V. and A&C Braid and Rope Co. Pvt. Ltd against the Council of the European Union

(Case T-480/04)

(2005/C 57/50)

Language of the case: Dutch

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 14 December 2004 by Chr. Muller Touw B.V, having its registered office in Elst (Netherlands), and A&C Braid and Rope Co. Pvt. Ltd, having its registered office in Rania (India), represented by John Wolfs, advocaat.

The applicants claim that the Court should:

Pleas in law and main arguments:

Chr. Muller Touw, which has its registered office in the Netherlands, supplies raw materials to A&C Braid and Rope in India, which processes those raw materials into rope for export to the EC. The applicants seek the annulment of Regulation No 1736/2004 establishing a definitive anti-dumping duty (1) to the extent to which it applies to them.

In support of their application the applicants submit that there is here no question of material injury, as required by Articles 1 and 3 of Regulation No 384/96. (2) The applicants submit that they manufacture rope for private individual use and that is not suitable for industrial use or for use at sea, as stated in the contested regulation, and that their market share is negligible.

(1)  Council Regulation (EC) No 1736/2004 of 4 October 2004 imposing a definitive anti-dumping duty on imports of synthetic fibre ropes originating in India (OJ 2004 L 311, p. 1).

(2)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1).