BRUSSELS (21 March 2005) - McDermott Will & Emery/Stanbrook LLP won two high profile representations on 17 March 2005 in the European Court of First Instance in Luxembourg. The Court annulled the Council’s failure to adopt the Commission’s proposals for anti-dumping duties in two major investigations. The litigation teams in both cases were led by Clive Stanbrook OBE, who heads the Firm's Brussels office, which has been involved in more than 100 anti-dumping cases.
The judgments uphold the rule that the EU Council must give written reasons justifying any decision not to act on a Commission proposal for anti-dumping action. Thus, whenever a majority of the 25 EU Member States block an anti-dumping proposal, they have to come up with common justifiable reasons for their action instead of hiding behind individual national prerogatives.
(Case T-195/98, Ettlin Gesellschaft für Spinnerei und Weberei AG and others v Council; Case T-177/00, Koninklijke Philips Eindhoven N.V. v Council, Judgments of 17 March 2005).