Judgment of the Court (Fifth Chamber) of 16 November 2000 in Case C-282/98 P: Enso Española SA v Commission of the European Communities (Appeal — Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Fines — Statement of reasons — Principle of equal treatment — Costs)
Date: 2001-02-10
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Spain, action for annulment (EU), fine, paperboard

10.2.2001

EN

Official Journal of the European Communities

C 45/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 November 2000

in Case C-404/98 (reference for a preliminary ruling
from the Bundesgerichtshof): Josef Plum v Allgemeine
Ortskrankenkasse Rheinland, Regionaldirektion Köln (1)

families moving within the Community, as amended and updated by
Council Regulation (EEC) No 2001/83 of 2 June 1983, is to be
interpreted as not applying to workers of a construction company
established in one Member State who are posted to carry out
construction work in the territory of another Member State in which,
apart from purely internal management activities, that undertaking
performs all its activities. In accordance with Article 13(2)(a) of
Regulation No 1408/71, those workers are subject to the social
security legislation of the Member State in whose territory they
actually work.

(Social security for migrant workers — Determination of the
legislation applicable — Workers posted to another Member
State)

(1) OJ C 1 of 4.1.1999.

(2001/C 45/01)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-404/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundesgerichtshof
(Federal Court of Justice), Germany, for a preliminary ruling in
the proceedings pending before that court between Josef Plum
and Allgemeine Ortskrankenkasse Rheinland, Regionaldirek-
tion Köln — on the interpretation of Articles 13(2)(a) and
14(1)(a) of Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security schemes to
employed persons, to selfemployed persons and to members
of their families moving within the Community, as amended
and updated by Council Regulation (EEC) No 2001/83 of
2 June 1983 (OJ 1983 L 230, p. 6) — the Court (Sixth
Chamber), composed of: C. Gulmann, President of the Chamb-
er, V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
F. Macken, Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 9 November 2000, in
which it has ruled:

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 November 2000

in Case C-282/98 P: Enso Espan˜ ola SA v Commission of
the European Communities (1)

(Appeal — Competition — Article 85(1) of the EC Treaty
(now Article 81(1) EC) — Fines — Statement of reasons —
Principle of equal treatment — Costs)

(2001/C 45/02)

(Language of the Case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

Article 14(1)(a) of Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members of their

In Case C-282/98 P, Enso Espan˜ ola SA, established in Cas-
tellbisbal, Spain, represented by A. Creus Carreras, of the
Barcelona Bar, and E. Contreras Ynzenga, of the Madrid Bar,

C 45/2

EN

Official Journal of the European Communities

10.2.2001

with an address for service in Brussels at the Chambers of
Cuatrecasas, Avenue d’Auderghem, 78, 1040 Brussels —
appeal against the judgment of the Court of First Instance
of the European Communities (Third Chamber, Extended
Composition) of 14 May 1998 in Case T-348/94 Enso
Espan˜ ola v Commission [1998] ECR 11-1875, seeking to have
that judgment set aside, the other party to the proceedings
being Commission of the European Communities, represented
by R. Lyal and E. Gippini Fournier, acting as Agents — the
Court (Fifth Chamber), composed of: A. La Pergola, President
of the Chamber, M. Wathelet (Rapporteur), D.A.O. Edward,
P. Jann and L. Sevo´ n, Judges; J. Mischo, Advocate General;
R. Grass, Registrar, has given a judgment on 16 November
2000 in which it:

1. Dismisses the appeal;

2. Orders Enso Espan˜ ola SA to pay the costs.

(1) OJ C 299 of 26.9.1998.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 November 2000

in Case C-283/98 P: Mo och Domsjö AB v Commission of
the European Communities (1)

(Appeal Competition — Article 85(1) of the EC Treaty (now
Article 81(1) EC) — Fines — Determination of the amount
— Statement of reasons — Power of unlimited jurisdiction)

(2001/C 45/03)

(Language of the Case: English)

In Case C-283/98 P, Mo och Domsjö AB, established at
O¨ rnsköldsvik, Sweden, represented by A. Woodgate and
M. Smith, Solicitors, with an address for service in Luxembourg
at the Chambers of Arendt and Medernach, 8-10 Rue Mathias
Hardt — appeal against the judgment of the Court of First
Instance of
the European Communities (Third Chamber,
Extended Composition) of 14 May 1998 in Case T-352/94 Mo
och Domsjö v Commission [1998] ECR II-1989, seeking to
have that judgment set aside, the other party to the proceedings
being Commission of the European Communities, represented
by R. Lyal, of its Legal Service, acting as Agent, assisted by
J. Flynn — the Court (Fifth Chamber), composed of: A. La

Pergola, President of the Chamber, M. Wathelet (Rapporteur),
D.A.O. Edward, P.
J. Mischo,
Jann and L. Sevo´ n,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 November 2000 in which it:

Judges;

1. Dismisses the appeal;

2. Orders Mo och Domsjö AB to pay the costs.

(1) OJ C 299 of 26.9.1998.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 November 2000

in Case C-286/98 P: Stora Kopparbergs BergsIags AB v
Commission of the European Communities (1)

(Appeal — Competition — Article 85(1) of the EC Treaty
(now Article 81(1) EC) — Fines — Statement of reasons —
Liability for the infringement)

(2001/C 45/04)

(Language of the Case: English)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-286/98 P, Stora Kopparbergs Bergslags AB, estab-
lished in Falun (Sweden), represented by A. Riesenkampff and
S. Lehr, Rechtsanwälte, Frankfurt am Main, with an address for
service in Luxembourg at the Chambers of R. Faltz, 6 Rue
Heinrich Heine — appeal against the judgment of the Court of
First Instance of the European Communities (Third Chamber,
Extended Composition) of 14 May 1998 in Case T-354/94
Stora Kopparbergs Bergslags v Commission [1998] ECR
II-2111, seeking to have that judgment set aside, the other
party to the proceedings being Commission of the European
Communities, represented by J. Currall and R. Lyal, of its Legal
(Fifth Chamber)
Service, acting as Agents — the Court
the Chamber,
composed of: A. La Pergola, President of
M. Wathelet
Jann and
L. Sevo´ n,
J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 16 November 2000 in
which it:

(Rapporteur); D.A.O. Edward, P.

Judges;

1.

Sets aside the judgment of the Court of First Instance of 14 May
1998 in Case T-354/94 Stora Kopparbergs Bergslags v
Commission in so far as it attributes to Stora Kopparbergs
Bergslags AB responsibility for the infringements committed by
Feldmühle and Papeteries Beghin-Corbehem prior to September
1990;