61978CO0209_EN
Parties
Grounds
Operative part
Parties
IN JOINED CASES 209 TO 215 AND 218/78 R
HEINTZ VAN LANDEWYCK S.A.R.L ., REPRESENTED BY ERNEST ARENDT, AVOCAT- AVOUE, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT HIS CHAMBERS, 34 RUE PHILIPPE II,
FEDERATION BELGO-LUXEMBOURGEOISE DES INDUSTRIES DU TABAC A.S.B.L ., ( FEDETAB ), REPRESENTED BY LEON GOFFIN AND ANTOINE BRAUN, OF THE BRUSSELS BAR, OF 6 DREVE DES RENARDS, UCCLE ( 1180 BRUSSELS ) AND 116 AVENUE DE BROQUEVILLE, WOLUWE SAINT LAMBERT ( 1200 BRUSSELS ), RESPECTIVELY, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
ETABLISSEMENTS GOSSET, S.A ., REPRESENTED BY WALTER VAN GERVEN AND JEAN- FRANCOIS BELLIS, OF THE BRUSSELS BAR, 47 RUE DUCALE, 1000 BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
B.A.T . BENELUX, S.A ., REPRESENTED BY PHILIPPE-FRANCOIS LEBRUN, OF THE BRUSSELS BAR, 31 RUE MONTOYER, BTE . 2, 1040 BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
COMPAGNIE INDEPENDANTE DES TABACS CINTA S.A ., REPRESENTED BY EDOUARD JAKHIAN AND BERNARD HANOTIAU, OF THE BRUSSELS BAR, OF 56 AND 82 RESPECTIVELY, AVENUE F . D . ROOSEVELT, 1050 BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
WELTAB S.A ., REPRESENTED BY PIERRE VAN OMMESLAGHE, OF THE BRUSSELS BAR, 167 AVENUE MONTJOIE, 1180 BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
JUBILE S.A ., REPRESENTED BY HANS G . KEMMLER, BARBARA RAPP-JUNG AND ALEXANDER BOHLKE, 8 MEISENGASSE, 6 FRANKFURT AM MAIN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
VANDER ELST S.A ., REPRESENTED BY HANS G . KEMMLER, BARBARA RAPP-JUNG AND ALEXANDER BOHLKE, 8 MEISENGASSE, 6 FRANKFURT AM MAIN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
APPLICANTS,
SUPPORTED BY :
ASSOCIATION DES DETAILLANTS EN TABAC A.S.B.L ., REPRESENTED BY JEAN-REGNIER THYS, OF THE BRUSSELS BAR, 356 AVENUE A . J . SLEYERS, 1200 BRUSSELS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF THE SAID ERNEST ARENDT,
AND
ASSOCIATION NATIONALE DES GROSSISTES EN PRODUITS MANUFACTURES DU TABAC, A TRADE ASSOCIATION, REPRESENTED BY JEAN-MARIE VAN HILLE AND NADINE FRANCOISE, OF THE GHENT BAR, 91 COUPURE, GHENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF FERNARD ENTRINGER, 2 RUE DU PALAIS DE JUSTICE,
INTERVENERS,
V
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, B . VAN DER ESCH, ACTING AS AGENT, ASSISTED BY J . FR . VERSTRYNGE AND G . ZUR HAUSEN, MEMBERS OF THE LEGAL DEPARTMENT OF THE COMMISSION, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO, JEAN MONNET BUILDING, KIRCHBERG,
DEFENDANT,
Grounds
1THE APPLICATIONS FOR THE ADOPTION OF INTERIM MEASURES SEEK A STAY OF EXECUTION OF ARTICLES 2 AND 3 OF THE COMMISSION DECISION .
2IN THE PREAMBLE TO THE DECISION ( RECITAL ( 123 )) THE COMMISSION ITSELF RECOGNIZES THE POSSIBILITY THAT COMPETITION MAY DRIVE CERTAIN TRADERS OUT OF THE MARKET IN QUESTION .
3ACCORDINGLY THE POSSIBILITY OF IMMEDIATE AND IRREVERSIBLE DAMAGE CANNOT BE EXCLUDED .
4IT IS ACCORDINGLY APPROPRIATE IN PURSUANCE OF ARTICLE 185 OF THE EEC TREATY TO ORDER THAT THE APPLICATION OF ARTICLES 2 AND 3 OF THE DECISION IN DISPUTE BE SUSPENDED PENDING JUDGMENT BY THE COURT IN THE MAIN ACTION WHICH CAN IN NO WAY BE PREJUDICED .
5SUCH STAY HOWEVER IN NO WAY MAKES PROVISIONALLY VALID ANY AGREEMENT OR CONCERTED PRACTICE DECLARED NULL AND VOID UNDER ARTICLE 85 ( 1 ) SUBJECT AS PROVIDED IN ARTICLE 85 ( 2 ), SINCE THE COURT TO WHICH APPLICATION IS MADE FOR THE ADOPTION OF INTERIM MEASURES CANNOT SUBSTITUTE ITS DISCRETION FOR THAT OF THE COMMISSION .
6EVERY MEMBER OF FEDETAB IS FREE TO DISREGARD AT ANY TIME THE RULES AGREED BY THE FEDETAB RECOMMENDATION OF 1 DECEMBER 1975 .
7IN THE CIRCUMSTANCES COSTS MUST BE RESERVED .
Operative part
ON THOSE GROUNDS,
THE PRESIDENT,
AS AN INTERLOCUTORY DECISION,
HEREBY ORDERS AS FOLLOWS :
( 1 ) THE APPLICATION OF ARTICLES 2 AND 3 OF COMMISSION DECISION NO . 78/670/EEC OF 20 JULY 1978 -
( IV/28.852 - GB-INNO-BM/FEDETAB ;
IV/29.127 - MESTDAGH-HUYGHEBAERT/FEDETAB AND
IV/29.149 - FEDETAB RECOMMENDATION ) -
SHALL BE SUSPENDED PENDING FINAL JUDGMENT BY THE COURT .
( 2 ) FEDETAB SHALL INFORM ALL ITS MEMBERS OF THE CONTENTS OF THIS ORDER .
( 3 ) COSTS ARE RESERVED .