Judgment of the Court of First Instance of 12 July 2001 in Joined Cases T-202/98, T-204/98 and T-207/98: Tate & Lyle plc and Others v Commission of the European Communities (Competition — Sugar market — Infringement of Article 85 of the EC Treaty (now Article 81 EC) — Fines)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, judicial cooperation, restriction on competition, sugar industry

5.1.2002

EN

Official Journal of the European Communities

C 3/21

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

in Joined Cases T-202/98, T-204/98 and T-207/98: Tate &
Lyle plc and Others v Commission of the European
Communities (1)

(Competition — Sugar market — Infringement of Article 85
of the EC Treaty (now Article 81 EC) — Fines)

(2002/C 3/32)

5. Orders the applicant in Case T-204/98 to pay its own costs
and those incurred by the Commission in that case, including
those relating to the proceedings for interim relief;

6. Orders the applicant in Case T-207/98 to pay its own costs

and those incurred by the Commission in that case.

(1) OJ C 48 of 20.2.1999.

(Language of the case: English)

JUDGMENT OF THE COURT OF FIRST INSTANCE

In Joined Cases T-202/98: Tate & Lyle plc, represented by
R. Fowler QC and A. L. Morris, solicitors, with an address
for service in Luxembourg, T-204/98: British Sugar plc,
represented by T. Sharpe QC and D. Jowell, barristers, and
L.R. Lindsay and A. Nourry, solicitors, with an address for
service in Luxembourg, Case T-207/98: Napier Brown & Co.
Ltd, represented by D. Guy, solicitor, and S. Sheppard,
barrister, with an address for service in Luxembourg, against
Commission of
(Agents:
B. Doherty and K. Wiedner) — application for annulment of
Commission Decision 1999/210/EC of 14 October 1998
relating to a proceeding pursuant to Article 85 of the EC

European Communities

the

Treaty

(Case

IV/

F-3/33.708 — British Sugar plc, Case IV/F-3/33.709 — Tate
& Lyle plc, Case IV/F-3/33.710 — Napier Brown & Company
Ltd, Case IV/F-3/33.711 — James Budgett Sugars Ltd) (OJ
1999 L 76, p. 1) — the Court of First Instance (Fourth
Chamber), composed of P. Mengozzi, President, V. Tiili and
R.M. Moura Ramos, Judges; J. Palacio Gonza´lez, Administrator,
for the Registrar, has given a judgment on 12 July 2001, in
which it:

1. Annuls Article 3 of Commission Decision 1999/210/EC of
14 October 1998 relating to a proceeding pursuant
to
Article 85 of the EC Treaty (Case IV/F-3/33.708 — British
Sugar plc, Case IV/F-3/33.709 — Tate & Lyle plc, Case IV/
F-3/33.710 — Napier Brown & Company Ltd, Case IV/
F-3/33.711 — James Budgett Sugars Ltd) in so far as it
concerns the applicant in Case T-202/98;

2.

Fixes the amount of the fine imposed on the applicant in Case
T-202/98 by Article 3 of Decision 1999/210 at 5.6 million
euros;

of 12 July 2001

in Case T-2/99: T. Port GmbH & Co. KG v Council of the
European Union (1)

(Bananas — Imports from ACP States and third countries
— Regulation (EEC) No 404/93 — Possibility of relying on
WTO rules — First paragraph of Article 234 of the EC
first paragraph of
Treaty

(now,
Article 307 EC) — Action for damages)

after amendment,

(2002/C 3/33)

(Language of the case: German)

In Case T-2/99: T. Port GmbH & Co. KG, established in
Hamburg (Germany), represented by G. Meier, lawyer, against
the Council of the European Union (Agents: S. Marquardt and
J.-P. Hix) supported by the French Republic (Agents: K. Rispal-
Bellanger, C. Vasak, S. Seam and F. Million) and by the
Commission of the European Communities (Agent: K.-D. Bor-
chardt) — application for compensation for the loss which the
applicant has suffered as a result of the Council introducing,
under Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organisation of the market in bananas
(OJ 1993 L 47, p. 1), provisions which are alleged to conflict
with Article I.1 and Article XIII of the General Agreement on
Tariffs and Trade (GATT) — the Court of First Instance
(Fifth Chamber), composed of P. Lindh, President, R. Garcı´a-
Valdecasas and J.D. Cooke, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 12 July 2001, in
which it:

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

applicant in Case T-202/98;

1. Dismisses the action;

4. Dismisses the applications in Cases T-204/98 and T-207/98;

2. Orders the applicant to pay the costs;