Judgment of the Court of First Instance of 26 October 2000 in Case T-154/98: Asia Motor France SA and Others v Commission of the European Communities (Competition — Article 85 of the EC Treaty (now Article 81 EC) — Obligations regarding the investigation of complaints — Legality of grounds for rejection — Manifest error of assessment — Article 176 of the EC Treaty (now Article 233 EC) — Admissibility of a new plea in law)
Date: 2001-04-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrative procedure, complaint to the Commission, import restriction, motor vehicle industry

C 108/16

EN

Official Journal of the European Communities

7.4.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 October 2000

of 13 December 2000

in Case T-154/98: Asia Motor France SA and Others v
Commission of the European Communities (1)

(Competition — Article 85 of the EC Treaty (now Article 81
EC) — Obligations regarding the investigation of complaints
— Legality of grounds for rejection — Manifest error of
assessment — Article 176 of the EC Treaty (now Article 233
EC) — Admissibility of a new plea in law)

(2001/C 108/26)

(Language of the case: French)

In Case T-154/98: Asia Motor France SA, established in
Chemille (France), Jean-Michel Cesbron, carrying on business
under the name of JMC Automobiles, residing in Chemille,
Monin Automobiles SA,
established in Bourg-de-Péage
(France), Europe Auto Service (EAS) SA, established in Livange
(Luxembourg), all represented by J.-C. Fourgoux, of the Brussels
and Paris Bars, with an address for service in Luxembourg at
the Chambers of P. Schiltz, 4 Rue Béatrix de Bourbon,
against Commission of the European Communities (Agents:
represented by G. Marenco, and L. Guérin and, subsequently,
by G. Marenco and F. Siredey-Garnier) — application for
annulment of the Commission’s decision of 15 July 1998
rejecting the complaints lodged by the applicants as to the
existence of cartel practices alleged to be contrary to Article 85
of the EC Treaty (now Article 81 EC) — the Court of First
Instance (Fifth Chamber), composed of: R. Garcı´a-Valdecasas,
President, P. Lindh and J.D. Cooke, Judges; B. Pastor, Principal
Administrator, for the Registrar, has given a judgment on
26 October 2000, in which it:

in Case T-69/99: Danish Satellite TV (DSTV) A/S (Eurotica
Rendez-Vous Television) v Commission of the European
Communities (1)

(‘Television Without Frontiers’ directive — National restric-
tions on the retransmission across frontiers of television
broadcasts — Finding by the Commission that those restric-
tions are compatible with Community law — Action for
annulment — Admissibility)

(2001/C 108/27)

(Language of the case: French)

In Case T-69/99: Danish Satellite TV (DSTV) A/S (Eurotica
Rendez-Vous Television), established in Frederiksberg, Den-
mark, represented by J.-P. Hordies and A. Maqua, of the
Brussels Bar, with an address for service in Luxembourg at the
office of Myson SARL, 30 Rue de Cessange, against Com-
mission of the European Communities (Agents: K. Banks and
M. Wolfcarius), supported by United Kingdom of Great Britain
and Northern Ireland (Agents: R.Plender QC and R.V. Magrill)
— application for annulment of the act of the Commission of
22 December 1998, addressed to the United Kingdom and
notified to the applicant on 28 December 1998 — the Court
of First Instance (Second Chamber), composed of: J. Pirrung,
President, A. Potocki and A.W.H. Meij, Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
13 December 2000, in which it:

1. Dismisses as inadmissible the claim that the Court should take
formal note that the applicants reserve the right to bring an
action in damages against the Commission;

1. Dismisses the application as inadmissible;

2. Dismisses the remainder of the action as unfounded;

2. Orders the applicant to bear its own costs and to pay those of

the Commission;

3. Orders the applicants to bear their own costs and, jointly and
severally, to pay the costs of the Commission, including those
reserved in the order of 21 May 1999.

3. Orders the United Kingdom to bear its own costs.

(1) OJ C 358 of 21.11.1998.

(1) OJ C 160 of 5.6.1999.