# C_2006294EN.01000201.xml

| 2.12.2006 | EN | Official Journal of the European Union | C 294/2 |
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2.12.2006

EN

Official Journal of the European Union

C 294/2

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Judgment of the Court (Grand Chamber) of 12 September 2006 — R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., Japan Tobacco, Inc. v Philip Morris International Inc., Commission of the European Communities, European Parliament, Kingdom of Spain, French Republic, Italian Republic, Portuguese Republic, Republic of Finland, Republic of Germany, Hellenic Republic, Kingdom of the Netherlands

(Case C-131/03 P) (1)

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(Appeal - Commission's decision to bring proceedings before a court of a non-Member State - Action for annulment - Inadmissible)

(2006/C 294/02)

Language of the case: English

Parties

Appellants: R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., Japan Tobacco, Inc. (represented by: P. Lomas, Solicitor, and O.W. Brouwer, Lawyer)

Appellants:

Other parties to the proceedings: Philip Morris International Inc., Commission of the European Communities (represented by: C. Docksey, X. Lewis and C. Ladenburger, Agents), European Parliament (represented by: H. Duintjer Tebbens and A. Baas), Kingdom of Spain (represented by: N. Díaz Abad, Agent), French Republic (represented by: G. de Bergues, Agent), Italian Republic (represented by: I. Braguglia, Agent, and M. Fiorilli, Lawyer), Portuguese Republic (represented by: L. Fernandes et A. Seiça Neves, Agents), Republic of Finland (represented by: T. Pynnä and A. Guimaraes-Purokoski, Agents), Republic of Germany (represented by: M. Lumma and W.-D. Plessing, Agents), Hellenic Republic, Kingdom of the Netherlands (represented by: J.G.M. van Bakel, Agent)

Other parties to the proceedings:

Intervener in support of the Commission: Council of the European Union (represented by: M. Bishop and T. Blanchet, Agents)

Intervener in support of the Commission:

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber, Extended Composition) of 15 January 2003 in Joined Cases T-377/00, T-379/00, T-380/00, T-260/01 and T-272/01 Philip Morris International and Others v Commission, by which it declared inadmissible the actions for annulment of the Commission's decision to bring a civil action against the appellants before a United States court following their alleged involvement in smuggling cigarettes into the European Union, in order to obtain compensation for the financial loss suffered by the Union and a court order that the smuggling is to cease — Interpretation of Article 230 EC and the case-law of the Court — Legal effects of the Commission's decision to bring a civil action before a court of a non-Member State

Philip Morris International and Others

Commission

Operative part of the judgment

| 1. | The appeal is dismissed. |
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1.

The appeal is dismissed.

| 2. | R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., and Japan Tobacco, Inc., are ordered to pay the costs. |
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2.

R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., and Japan Tobacco, Inc., are ordered to pay the costs.

| 3. | The Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of the Netherlands, the Portuguese Republic, the Republic of Finland, the European Parliament and the Council of the European Union are to bear their own costs. |
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3.

The Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of the Netherlands, the Portuguese Republic, the Republic of Finland, the European Parliament and the Council of the European Union are to bear their own costs.

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(1)  OJ C 146, 21.06.2003.

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