Judgment of the Court of First Instance 20 March 2002 in Case T-175/99: UPS Europe SA v Commission of the European Communities (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)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), postal service, restriction on competition

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:

15.6.2002

EN

Official Journal of the European Communities

C 144/39

1. Dismisses the application;

3. Orders the intervener to bear its own costs.

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

the defendant and the intervener.

(1) OJ C 6 of 8.1.2000.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

26 February 2002

21 March 2002

in Case T-231/99: Colin Joynson v Commission of the
European Communities (1)

in Case T-323/99: Industrie Navali Meccaniche Affini
SpA (INMA) and Italia Investimenti SpA (Itainvest) v
Commission of the European Communities (1)

(Competition — Beer supply agreements — Individual
exemption — Article 81(3) EC)

(State aids — Shipbuilding — Meaning of aid — Lack of
reasoning)

(2002/C 144/82)

(2002/C 144/83)

(Language of the case: English)

(Language of the case: Italian)

In Case T-231/99, Colin Joynson, residing in Manchester
(United Kingdom),
represented by B. Bedford, Barrister,
instructed by Messrs Ferdinand Kelly, Solicitors, v Commission
of
the European Communities (Agents: K. Wiedner and
N. Khan), supported by Bass plc, established in London (United
J. Block and
Kingdom), represented by M. Farquharson,
N. Green, Solicitors, with an address for service in Luxembourg:
Application for annulment of Commission Decision 1999/
473/EC of 16 June 1999 relating to a proceeding pursuant to
Article 81 [EC] (Case IV/36.081/F3 — Bass) (OJ 1999 L 186,
p. 1), the Court of First Instance (Third Chamber), composed
of:
Judges;
J. Palacio Gonza´lez, Administrator, for the Registrar, has given
a judgment on 21 March 2002, in which it:

J. Azizi, President, K. Lenaerts and M.

Jaeger,

1. Dismisses the application;

In Case T-323/99, Industrie Navali Meccaniche Affini SpA
(INMA), in liquidation, established in La Spezia (Italy), rep-
resented by S. Capparucci, Italia Investimenti SpA (Itainvest),
established in Rome (Italy), represented in these proceedings
by G. M. Roberti and F. Sciaudone, lawyers, with an address
for service in Luxembourg, v Commission of the European
Communities (Agents: K.-D. Borchardt and, initially, A. Abate
and E. Cappelli, and, subsequently, Abate and G. Conte):
Application for annulment of Commission Decision 2000/
262/EC of 20 July 1999 on State aid granted by Italy to the
INMA shipyard (OJ 2000 L 83, p. 21), Court of First Instance
(Fifth Chamber, Extended Composition),
composed of:
P. Lindh, President, R. Garcı´a-Valdecasas, J. D. Cooke, M. Vilaras
and N. J. Forwood, Judges; J. Palacio Gonza´lez, Administrator,
for the Registrar, has given a judgment on 26 February 2002,
in which it:

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

1. Annuls Commission Decision 2000/262/EC of 20 July 1999

Commission;

on State aid granted by Italy to the INMA shipyard;