Action brought on 2 July 2008 - Global Digital Disc v Commission

(Case T-259/08)

Language of the case: German

Parties

Applicant: Global Digital Disc GmbH & Co. KG (Ottendorf-Okrilla, Germany) (represented by: D. Ehle, lawyer)

Defendant: Commission of the European Communities

Forms of order sought

order the defendant to pay the applicant EUR 8 025 495.25 in damages plus 8% interest from 1 January 2008 onwards;

declare that the defendant is under an obligation to compensate the applicant for damage incurred after 1 January 2008 and in the future, plus interest;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant seeks compensation for damage it incurred because the Commission failed to impose provisional and definite anti-dumping duties on imports of recordable compact discs ('CD-R') from the People's Republic of China, Hong Kong and Malaysia and terminated the anti-dumping proceedings concerning those imports by decision of 3 November 2006.¹

The applicant is a company based in Germany which produces CD-Rs and DVD-Rs.

In its application, the applicant claims that the defendant's administrative and normative conduct during, prior to and following the end of the anti-dumping proceedings concerning imports of CD-Rs from the People's Republic of China, Hong Kong and Malaysia infringed - repeatedly and in a manner that was sufficiently serious - important provisions in anti-dumping law which are intended to confer rights on the applicant. Further, the applicant claims that those sufficiently serious infringements of the law on the part of the Commission caused the applicant significant damage. Finally, the applicant claims that there is a direct causal link between those serious infringements of the law and the damage that has already been caused and the damage still to be expected.

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¹ - Commission Decision of 3 November 2006 terminating the anti-dumping proceeding concerning imports of recordable compact discs (CD+/-R) originating in the People's Republic of China, Hong Kong and Malaysia (OJ 2006 L 305, p. 15).