Judgment of the Court of First Instance 20 March 2002 in Case T-31/99: ABB Asea Brown Boveri Ltd v Commission of the European Communities (Competition — Cartel — District heating pipes — Article 85 of the EC Treaty (now Article 81 EC) — Principle of sound administration — Fine — Guidelines on the method of setting fines — Legitimate expectations)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), heating, restriction on competition, restrictive trade practice, type of business

15.6.2002

EN

Official Journal of the European Communities

C 144/37

JUDGMENT OF THE COURT OF FIRST INSTANCE

3.

Reduces the fine imposed on the applicant by Article 3(i) of the
decision to EUR 300 000;

20 March 2002

4. Dismisses the remainder of the application;

in Case T-28/99: Sigma Tecnologie di rivestimento Srl v
Commission of the European Communities (1)

5. Orders the applicant to bear its own costs and to pay one third

of the costs incurred by the Commission;

6. Orders the Commission to bear two thirds of its own costs.

(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) — Proof of
participation in a global agreement — Fine)

(1) OJ C 100 of 10.4.1999.

(2002/C 144/78)

(Language of the case: Italian)

In Case T-28/99, Sigma Tecnologie di rivestimento Srl, estab-
lished in Lonato (Italy), represented by A. Pappalardo, M. Pap-
palardo and M. Merola, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: L. Pignataro and E. Gippini Fournier): Application for
primarily, annulment of Commission Decision 1999/60/EC of
21 October 1998 relating to a proceeding under Article 85 of
the EC Treaty (Case No IV/35.691/E-4: — Pre-Insulated Pipe
Cartel) (OJ 1999 L 24, p. 1) or, in the alternative, reduction of
the fine imposed on the applicant by that decision, 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 judg-
ment on 20 March 2002, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

20 March 2002

in Case T-31/99: ABB Asea Brown Boveri Ltd v Com-
mission of the European Communities (1)

(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) — Principle
of sound administration — Fine — Guidelines on the method
of setting fines — Legitimate expectations)

(2002/C 144/79)

(Language of the case: English)

1. Annuls Article 1 of Commission Decision 1999/60/EC of
21 October 1998 relating to a proceeding under Article 85 of
the EC Treaty (Case No IV/3.5/691/E.4: — Pre-Insulated
Pipe Cartel) in so far as it finds that the applicant infringed
Article 85(1) of the Treaty not only by participating in an
infringement of that provision in the Italian market but also by
participating in a cartel covering the whole of the common
market;

2. Annuls Article 3(i) of the decision in so far as it imposes on
the applicant a fine calculated on the basis of its participation
in the cartel covering the whole of the common market and in
the light of its intentional continuation of the infringement;

In Case T-31/99, ABB Asea Brown Boveri Ltd, established
in Zurich (Switzerland), represented by A. Weitbrecht and
S. Völcker, lawyers, with an address for service in Luxembourg,
v Commission of the European Communities (Agents: P. Oliver
and E. Gippini Fournier): Application for, primarily, annulment
of Article 3 of Commission Decision 1999/60/EC of 21 Octo-
ber 1998 relating to a proceeding under Article 85 of the EC
Treaty (Case No IV/35.691/E-4: — Pre-Insulated Pipe Cartel)
(OJ 1999 L 24, p. 1) or, in the alternative, reduction of the fine
imposed on the applicant by that decision, the Court of
First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, V. Tiili and R. M. Moura Ramos, Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
20 March 2002, in which it:

C 144/38

EN

Official Journal of the European Communities

15.6.2002

1. Orders that the fine imposed on the applicant by Article 3(a)
of Commission Decision 1999/60/EC of 21 October 1998
relating to a proceeding under Article 85 of the EC Treaty
(Case No IV/35.691/E-4: — Pre-Insulated Pipe Cartel) be
reduced to EUR 65 000 000;

1. Dismisses the application;

2. Orders the applicants to bear their own costs and pay those of

the Commission;

2. Dismisses the remainder of the application;

3. Orders the intervener to bear its own costs.

3. Orders the applicant to bear its own costs and to pay 90 % of

the costs incurred by the Commission;

4. Orders the Commission to pay 10 % of its own costs.

(1) OJ C 246 of 28.8.1999.

(1) OJ C 121 of 1.5.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

20 March 2002

21 March 2002

in Case T-175/99: UPS Europe SA v Commission of the
European Communities (1)

in Case T-131/99: Michael Hamilton Shaw and Timothy
John Falla v Commission of the European Communities (1)

(Competition — Beer supply agreements — Individual
the EC Treaty (now
exemption — Article 85(3) of

Article 81(3) EC))

(2002/C 144/80)

(Language of the case: English)

(Competition — Abuse of a dominant position — Postal
sector — Service in the general economic interest — Use of
income deriving from a reserved market — Acquisition of
joint control of an undertaking active in the non-reserved
market — Statement of reasons)

(2002/C 144/81)

(Language of the case: English)

In Case T-131/99, Michael Hamilton Shaw, residing in Wix-
ford, Alcester, Warwickshire (United Kingdom), and Timothy
John Falla, residing in Brighton (United Kingdom), represented
by J. H. Maitland-Walker, Solicitor, with an address for service
in Luxembourg, v Commission of the European Communities
(Agents: P. Oliver, K. Wiedner and N. Khan), supported by
Whitbread plc, established in London (United Kingdom),
represented by N. Green QC and J. Flynn and M. Lowe,
Solicitors, with an address for service in Luxembourg: Appli-
cation for annulment of Commission Decision 1999/230/EC
of 24 February 1999 relating to a proceeding pursuant to
Article 85 of
the EC Treaty (Case No IV/35.079/F3 —
Whitbread) (OJ 1999 L 88, p. 26), the Court of First Instance
(Third Chamber), composed of: J. Azizi, President, K. Lenaerts
and M. Jaeger, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 21 March 2002, in
which it:

In Case T-175/99, UPS Europe SA, established in Brussels
(Belgium), represented by T. R. Ottervanger and D. Arts,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agents: B. Doherty
and K. Wiedner), supported by Deutsche Post AG, established
in Bonn (Germany), represented by J. Sedemund, lawyer, with
an address for service in Luxembourg: Application for the
annulment of Commission Decision SG (99) D/4155 of
10 June 1999 rejecting the applicant’s complaint of 8 June
1998 to the extent to which it relates to Article 82 EC and to
the partial acquisition of DHL International Ltd by Deutsche
Post AG, the Court of First Instance (Fourth Chamber, Extended
Composition), composed of: P. Mengozzi, President, R. Garcı´a-
Valdecasas, V. Tiili, R. M. Moura Ramos and J. D. Cooke,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 20 March 2002, in which it: