# C_2007155EN.01001903.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/19 |
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7.7.2007

EN

Official Journal of the European Union

C 155/19

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Judgment of the Court of First Instance of 24 May 2007 — Duales System Deutschland v Commission

(Case T-289/01) (1)

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(Competition - Agreements, decisions and concerted practices - Collection and recovery system for packaging marketed in Germany bearing the Der Grüne Punkt logo - Decision granting exemption - Obligations imposed by the Commission to ensure competition - Exclusivity granted by the system operator to the collection undertakings used - Restriction of competition - Need to guarantee the access of competitors to the collection facilities used by the system operator - Commitments given by the system operator)

(2007/C 155/37)

Language of the case: German

Parties

Applicant: Der Grüne Punkt — Duales System Deutschland GmbH, formerly Der Grüne Punkt — Duales System Deutschland AG (Cologne, Germany) (represented by: W. Deselaerts, B. Meyring, E. Wagner, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented initially by S. Rating, subsequently by P. Oliver, H. Gading and M. Schneider, and finally by W. Mölls and R. Sauer, Agents)

Defendant:

Intervener in support of the defendant: Landbell AG für Rückhol-Systeme (Mayence, Germany) (represented by: A. Rinne and A. Walz, lawyers)

Intervener in support of the defendant:

Re:

Annulment of Article 3 of Commission Decision 2001/837/EC of 17 September 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Cases COMP/34493 — DSD, COMP/37366 — Hofman + DSD, COMP/37299 — Edelhoff + DSD, COMP/37291 — Rechmann + DSD, COMP/37288 — ARGE and five other undertakings + DSD, COMP/37287 — AWG and five other undertakings + DSD, COMP/37526 — Feldhaus + DSD, COMP/37254 — Nehlsen + DSD, COMP/37252 — Schönmakers + DSD, COMP/37250 — Altvater + DSD, COMP/37246 — DASS + DSD, COMP/37245 — Scheele + DSD, COMP/37244 — SAK + DSD, COMP/37243 — Fischer + DSD, COMP/37242 — Trienekens + DSD, COMP/37267 — Interseroh + DSD) (OJ 2001 L 319, p. 1), or, in the alternative, annulment of that decision in its entirety and of the applicant's commitment reproduced in recital 72 of that decision.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
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1.

Dismisses the action;

| 2. | Orders the applicant, Der Grüne Punkt — Duales System Deutschland GmbH, to bear three quarters of its own costs, three quarters of the costs incurred by the Commission, and the costs incurred by Landbell AG Rückhol-Systeme; |
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2.

Orders the applicant, Der Grüne Punkt — Duales System Deutschland GmbH, to bear three quarters of its own costs, three quarters of the costs incurred by the Commission, and the costs incurred by Landbell AG Rückhol-Systeme;

| 3. | Orders the Commission to bear a quarter of its own costs and a quarter of the costs incurred by the applicant. |
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3.

Orders the Commission to bear a quarter of its own costs and a quarter of the costs incurred by the applicant.

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(1)  OJ C 44, 16.2.2002.

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