Judgment of the Court of First Instance 30 January 2002 in Cases T-54/99: max.mobil Telekommunikation Service GmbH v Commission of the European Communities (Article 90(3) of the EC Treaty (now Article 86(3) EC) — Amount of fees charged by the Republic of Austria to operators of GSM networks — Complaint — Partial rejection of the complaint — Admissibility — Infringement of Article 86 of the EC Treaty (now Article 82 EC) and Article 90 of the EC Treaty — Statement of reasons)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: Austria, European Commission, action for annulment (EU), dominant position, quasi-fiscal charge, radio telecommunications

4.5.2002

EN

Official Journal of the European Communities

C 109/43

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

30 January 2002

17 January 2002

in Cases T-54/99: max.mobil Telekommunikation Service
GmbH v Commission of the European Communities (1)

(Article 90(3) of the EC Treaty (now Article 86(3) EC) —
Amount of fees charged by the Republic of Austria to
operators of GSM networks — Complaint — Partial rejec-
tion of the complaint — Admissibility — Infringement of
Article 86 of the EC Treaty (now Article 82 EC) and
Article 90 of the EC Treaty — Statement of reasons)

in Case T-47/00: Rica Foods (Free Zone) NV v Commission
of the European Communities (1)

(Association arrangements for the overseas countries and
territories — Imports of sugar and mixtures of sugar
and cocoa — Regulation (EC) No 2423/99 — Safeguard
measures — Application for annulment — Admissibility)

(2002/C 109/85)

(2002/C 109/86)

(Language of the case: German)

(Language of the case: Dutch)

the Netherlands

by Kingdom of

In Case T-54/99, max.mobil Telekommunikation Service
GmbH, established in Vienna (Austria), represented by S. Köck,
M. Pflügl, M. Esser-Wellié and M. Oder,
lawyers, with an
address for service in Luxembourg, v Commission of the
European Communities (agents: W. Mölls and K. Wiedner),
supported
(agents:
M. A Fierstra and J. van Bakel and H.G. Sevenster): Application
for partial annulment of Commission Decision No IV-C1/ROK
D(98) of 11 December 1998 in so far as it rejects the
applicant’s complaint alleging that the Republic of Austria
infringed Articles 86 and 90(1) of
the EC Treaty (now
Articles 82 EC and 86(1) EC) when determining the amount
of the fee payable for the grant of a GSM concession, Court of
First Instance of the European Communities (Second Chamber,
Extended Composition), composed of: A.W.H. Meij, President,
K. Lenaerts, M. Jaeger, J. Pirrung and N.J. Forwood, Judges;
H. Jung, Registrar, has given a judgment on 30 January 2002,
in which it:

In Case T-47/00, Rica Foods (Free Zone) NV, established in
Oranjestad (Aruba), represented by G. van der Wal, advocaat,
with an address for service in Luxembourg, supported by
Kingdom of the Netherlands (agent: H. Sevenster), v Com-
mission of the European Communities (agents: T. van Rijn and
C. van der Hauwaert), supported by Kingdom of Spain (agent:
N. Dı´az Abad): Application for annulment of Commission
Regulation (EC) No 2423/1999 of 15 November 1999 introd-
ucing safeguard measures in respect of sugar falling within CN
code 1701 and mixtures of sugar and cocoa falling within CN
codes 1806 10 30 and 1806 10 90 originating in the overseas
countries and territories (OJ 1999 L 294, p. 11), Court of First
Instance of
the European Communities (Third Chamber),
composed of: J. Azizi, President, K. Lenaerts and M. Jaeger,
J. Plingers, Administrator, Registrar, has given a
Judges;
judgment on 17 January 2002, in which it:

1. Dismisses the application;

1. Dismisses the action;

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

the Commission;

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

incurred by the Commission;

3. Orders the Kingdom of the Netherlands to pay its own costs.

3. Orders the interveners to bear their own costs.

(1) OJ C 100 of 10.4.1999.

(1) OJ C 135 of 13.5.2000.