Judgment of the Court of First Instance 28 February 2002 in Case T-18/97: Atlantic Container Line AB e.a. v Commission of the European Communities (Competition — Liner conferences — Agreement fixing the price of inland transport in the context of intermodal transport — Regulation No 1017/68 — Notification — Immunity — Admissibility)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, inter-company agreement, maritime transport, transport company

C 144/34

EN

Official Journal of the European Communities

15.6.2002

ed by M. Clough, solicitor-advocate QC, with an address for
service in Luxembourg: Application for the annulment of
Commission Decision 94/980/EC of 19 October 1994 relating
to a proceeding pursuant to Article 85 of the EC Treaty (IV/
34.446 — Trans-Atlantic Agreement) (OJ 1994 L 376, p. 1),
the Court of First Instance (Third Chamber), composed of:
K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; Y. Mottard,
Legal Secretary, for the Registrar, has given a judgment on
28 February 2002, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

28 February 2002

in Case T-18/97: Atlantic Container Line AB e.a. v Com-
mission of the European Communities (1)

(Competition — Liner conferences — Agreement fixing the
price of inland transport in the context of intermodal
transport — Regulation No 1017/68 — Notification —
Immunity — Admissibility)

1. Annuls Article 5 of Commission Decision 94/980/EC of
19 October 1994 relating to a proceeding pursuant
to
Article 85 of the EC Treaty (IV/34.446 — Trans-Atlantic
Agreement);

(2002/C 144/73)

(Language of the case: English)

2. Dismisses the remainder of the application;

3. Orders the applicants to bear their own costs and to pay four
fifths of
the costs incurred by the Commission and the
interveners, the Freight Transport Association Ltd, the Associ-
ation des utilisateurs de transport de fret and the European
Council of Transport Users ASBL, including those relating to
the interlocutory proceedings in Case T-395/94 R and in Case
T-395/94 R II;

4. Orders the Commission to bear one fifth of its own costs;

5. Orders the interveners, the Freight Transport Association Ltd,
the Association des utilisateurs de transport de fret and the
European Council of Transport Users ASBL, to bear one fifth
of their own costs;

6. Orders the interveners, the European Community Shipowners’
Association ASBL and the Japanese Shipowners’ Association,
to bear
including those relating to the
interlocutory proceedings in Case T-395/94 R and in Case
T-395/94 R II.

their own costs,

(1) OJ C 392 of 31.12.1994.

In Case T-18/97, Atlantic Container Line AB, established in
Göteborg (Sweden), Cho Yang Shipping Co. Ltd, established in
Seoul (South Korea), DSR-Senator Lines GmbH, established in
Bremen (Germany), Hanjin Shipping Co. Ltd, established in
Seoul, Neptune Orient Lines Ltd, established in Singapore,
Nippon Yusen Kaisha (NYK Line), established in Tokyo (Japan),
Orient Overseas Container Line (UK) Ltd, established in
Levington (United Kingdom), P & O Nedlloyd BV, established
in Rotterdam (Netherlands), P & O Containers Ltd, established
in London (United Kingdom), Hapag-Lloyd AG, established in
Hamburg (Germany), A. P. Møller-Mærsk Line, established in
Copenhagen (Denmark), Mediterranean Shipping Company
SA, established in Geneva (Switzerland), POL-Atlantic, estab-
lished in Gdynia (Poland), Sea-Land Service Inc., established in
Charlotte (United States of America), Tecomar SA de CV,
established in Mexico City (Mexico), Transportacio´ n Marı´tima
Mexicana SA de CV, established in Mexico City, represented
by J. Pheasant and N. Bromfield, Solicitors, with an address for
the European
service in Luxembourg, v Commission of
Communities (Agent: R. Lyal), supported by French Republic
(Agents: K. Rispal-Bellanger and R. Loosli-Surrans): Appli-
cation for
annulment of Commission Decision C(96)
3414 final of 26 November 1996 relating to a proceeding
under Article 85 of the EC Treaty (Case No IV/35.134 —
Trans-Atlantic Conference Agreement),
the Court of First
Instance (Third Chamber), composed of: K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; Y. Mottard, Legal Secretary, for
the Registrar, has given a judgment on 28 February 2002, in
which it:

1. Dismisses the action as inadmissible;

2. Orders the applicants to bear their own costs together with

those of the Commission;

3. Orders the French Republic to bear its own costs.

(1) OJ C 94 of 22.3.1997.