Judgment of the Court of First Instance of 7 February 2001 in Case T-89/98 National Association of Licensed Opencast Operators (NALOO) v Commission of the European Communities (ECSC — UK market for electricity generating coal — Rejection of a complaint alleging discriminatory pricing and abusive royalties — Powers of the Commission — Duty to state reasons)
Date: 2001-06-02
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), coal industry, complaint to the Commission, discriminatory price, electrical energy

C 161/14

EN

Official Journal of the European Communities

2.6.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 February 2001

of 13 February 2001

in Case T-89/98 National Association of Licensed Open-
cast Operators (NALOO) v Commission of the European
Communities (1)

in Joined Cases T-133/98 and T-134/98 Hewlett Packard
France and Hewlett Packard Europe BV, v Commission of
the European Communities (1)

(ECSC — UK market for electricity generating coal —
Rejection of a complaint alleging discriminatory pricing and
abusive royalties — Powers of the Commission — Duty to
state reasons)

(Action for annulment — Common Customs Tariff — Tariff
headings — Tariff classification of certain hardware for use
in local area computer networks — Classification in the
Combined Nomenclature)

(2001/C 161/30)

(Language of the case: English)

In Case T-89/98 National Association of Licensed Opencast
Operators (NALOO), whose registered office is in Newcastle
upon Tyne (United Kingdom), represented by M. Cran QC
and M. Hoskins, Barrister, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: K. Leivo, M. Erhart and J. Flynn), supported by
British Coal Corporation, whose registered office is in London,
represented by D. Vaughan QC, D. Lloyd Jones, Barrister, and
C. Mehta, Solicitor, with an address for service in Luxembourg,
by National Power plc, whose registered office is in Swindon
(United Kingdom), represented by D. Anderson and P. Roth,
Barristers, and G. Chapman, Solicitor, with an address for
service in Luxembourg, and by PowerGen plc, whose registered
office is in London, represented by P. Lasok, Barrister, and
N. Lomas, Solicitor, with an address for service in Luxembourg
— application for the annulment of Decision IV/E—3/NALOO
of the Commission of 27 April 1998 rejecting the applicant’s
complaint concerning infringement of the ECSC Treaty — the
Court of First
Instance (Second Chamber), composed of:
J. Pirrung, President, A. Potocki and A.W.H. Meij, Judges;
for the Registrar, has given a
G. Herzig, Administrator,
judgment on 7 February 2001, in which it:

1. Annuls Decision IV/E-3/NALOO of 27 April 1998;

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

applicant;

3. Orders the interveners British Coal Corporation, National

Power plc and PowerGen plc to pay their own costs.

(2001/C 161/31)

(Language of the case: French)

In Joined Cases T-133/98 and T-134/98 Hewlett Packard
France, established in Courcouronnes (France), and Hewlett
Packard Europe BV, established in Amstelveen (Netherlands),
represented initially by F. Goguel and A. Trager, and sub-
sequently by F. Goguel and F. Foucault, avocats, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: R. Wainwright and R. Tricot)
— application for the annulment of Commission Decision
98/406/EC of 16 June 1998 concerning the validity of certain
binding tariff information (OJ L 178, 1998, p. 45) in so far as
it requires the revocation of, in particular, in Case T-133/98,
Binding Tariff Information FR 12030199700151 and, in Case
T-134/98, FR 12030199701394, FR 12030199702134 and
FR 12030199702135 — the Court of First Instance (Fifth
Chamber), composed of: P. Lindh, President, R. Garcı´a-Valdeca-
sas and J.D. Cooke, Judges; B. Pastor, Principal Administrator,
for the Registrar, has given a judgment on 13 February 2001,
in which it:

1. Annuls Commission Decision 98/406/EC of 16 June 1998
concerning the validity of certain binding tariff information in
so far as it requires the revocation of Binding Tariff Information
FR
12030199701394,
FR 12030199702134 and FR 12030199702135;

12030199700151,

FR

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

of the applicants.

(1) OJ C 234 of 25.7.98.

(1) OJ C 358 of 21.11.98.