Judgment of the Court of 17 May 2001 in Case C-449/98 P: International Express Carriers Conference (IECC) v Commission of the European Communities and Others (Appeal — Decision rejecting complaint — Competition — Postal services — Remail)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), application of EU law, postal service, professional association, restriction on competition

C 200/18

EN

Official Journal of the European Communities

14.7.2001

— the finance company gives an undertaking to the purchaser that
it will pay to the seller on the purchaser’s behalf the sales price
advertised and invoiced by the seller;

— the finance company in fact pays to the seller, pursuant to
agreements concluded with the seller but of which the purchaser
is unaware, a sum less than the price advertised and invoiced;
and

— the purchaser repays to the finance company a sum equal to the

price advertised and invoiced,

the taxable amount for purposes of calculating the value added tax
payable on that sale consists of the full amount payable by the
purchaser.

(1) OJ C 100 of 10.4.1999.

JUDGMENT OF THE COURT

of 17 May 2001

in Case C-449/98 P: International Express Carriers Confer-
ence (IECC) v Commission of the European Communities
and Others (1)

(Appeal — Decision rejecting complaint — Competition —
Postal services — Remail)

(2001/C 200/31)

(Language of the case: English)

In Case C-449/98 P: International Express Carriers Conference
(IECC), established in Geneva (Switzerland), represented by
E. Morgan de Rivery, J. Derenne and M. Cunningham, avocats
— appeal against the judgment of the Court of First Instance
of the European Communities (Third Chamber, Extended
Composition) of 16 September 1998 in Case T-110/95 IECC
v Commission [1998] ECR II-3605, seeking to have that
judgment set aside, the other parties to the proceedings
being Commission of the European Communities, (Agents:
K. Wiedner, assisted by N. Forwood), La Poste (avocat:
H. Lehman), United Kingdom of Great Britain and Northern
Ireland, and The Post Office — the Court, composed of:
G.C. Rodrı´guez Iglesias, President, A. La Pergola and M. Wathe-
let (Presidents of Chambers), J.-P. Puissochet, P. Jann, L. Sevo´ n,
N. Colneric, S. von Bahr and C.W.A. Timmermans (Rapporte-
ur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; D. Lou-
terman-Hubeau, Head of Division, for the Registrar, has given
a judgment on 17 May 2001, in which it:

1. Dismisses the appeal;

2. Orders International Express Carriers Conference (IECC) to pay

the costs.

(1) OJ C 48 of 20.2.1999.

JUDGMENT OF THE COURT

of 17 May 2001

in Case C-450/98 P: International Express Carriers Confer-
ence (IECC) v Commission of the European Communities
and Others (1)

(Appeal — Decision rejecting complaint — Abuse of a
dominant position — Postal services — Remail)

(2001/C 200/32)

(Language of the case: English)

In Case C-450/98 P: International Express Carriers Conference
(IECC), established in Geneva (Switzerland), represented by
E. Morgan de Rivery, J. Derenne and M. Cunningham, avocats,
appeal against the judgment of the Court of First Instance
of the European Communities (Third Chamber, Extended
Composition) of 16 September 1998 in Joined Cases T-133/95
and T-204/95 IECC v Comission [1998] ECR II-3645, seeking
to have that judgment set aside in so far as it relates to Case T-
204/95 and paragraphs 78 to 83 of Case T-133/95, the other
parties to the proceedings being: Commission of the European
Communities (Agent: K. Wiedner, assisted by N. Forwood),
Deutsche Post AG (avocat: by D. Schroeder), United Kingdom
of Great Britain and Northern Ireland, The Post Office and La
the Court, composed of: G.C. Rodrı´guez Iglesias,
Poste,
President, A. La Pergola and M. Wathelet
(Presidents of
Chambers), J.-P. Puissochet, P. Jann, L. Sevo´ n, N. Colneric,
S. von Bahr and C.W.A. Timmermans (Rapporteur), Judges;
D. Ruiz-Jarabo Colomer, Advocate General; H. von Holstein,
Deputy Registrar, for the Registrar, has given a judgment on
17 May 2001, in which it:

1. Dismisses the appeal;

2. Orders International Express Carriers Conference (IECC) to pay

the costs.

(1) OJ C 48 of 20.2.1999.