Judgment of the Court of First Instance 28 February 2002 in Case T-155/98: Société internationale de diffusion et d_édition (SIDE) v Commission of the European Communities (State aid — Operating aid — Article 92(1) and (3)(d) of the EC Treaty (now, after amendment, Article 87(1) and (3)(d) EC) — Conditions for exemption from the prohibition under Article 92(1) of the Treaty — Reference market — Export aid in the book sector)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), book trade, competition policy

15.6.2002

EN

Official Journal of the European Communities

C 144/35

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the Foreign Trade Association to bear its own costs and
pay those incurred, as a result of its intervention, by the Council;

28 February 2002

4. Orders the Commission to bear its own costs.

in Case T-598/97: British Shoe Corporation Footwear
Supplies Ltd e.a. v Council of the European Union (1)

(1) OJ C 55 of 20.2.1998.

(Anti-dumping duty — Action for annulment — Inadmissi-
bility)

(2002/C 144/74)

(Language of the case: English)

In Case T-598/97, British Shoe Corporation Footwear Supplies
Ltd, established in Leicester (United Kingdom), Clarks Inter-
national Ltd, established in Somerset (United Kingdom), Deich-
mann-Schuhe GmbH & Co. Vertriebs KG, established in Essen
(Germany), Groupe André SA, established in Paris (France),
Reno Versandhandel GmbH, established in Thaleischweiler-
Froschen (Germany), Leder & Schuh AG, established in Graz
(Austria), represented by A. Bell and M. Powell, Solicitors, with
an address for service in Luxembourg, supported by Foreign
Trade Association (FTA), represented by B. Sheridan, Barrister,
with an address for service in Luxembourg, v Council of
the European Union (Agents: S. Marquardt, H.-J. Rabe and
G. Berrisch), supported by Commission of the European
Communities (Agents: V. Kreuschitz, S. Meany and N. Khan)
and by Confédération européenne de l’industrie de la chaussure
(CEC), represented by P. Vlaemminck, J. Holmens and L. Van
Den Hende, lawyers, with an address for service in Luxem-
bourg: Application for the annulment of Council Regulation
(EC) No 2155/97 of 29 October 1997 imposing a definitive
anti-dumping duty on imports of certain footwear with textile
uppers originating in the People’s Republic of China and
Indonesia and collecting definitively the provisional duty
imposed (OJ 1997 L 298, p. 1), 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; J. Palacio Gonza´lez, Administrator,
for the Registrar, has given a judgment on 28 February 2002,
in which it:

1. Dismisses the application as inadmissible;

2. Orders the applicants to bear their own costs and pay, jointly
and severally, the costs incurred by the Council, with the
exception of those relating to the intervention of the Foreign
Trade Association, and by the Confédération européenne de
l’industrie de la chaussure;

JUDGMENT OF THE COURT OF FIRST INSTANCE

28 February 2002

in Case T-155/98: Société internationale de diffusion et
d’édition (SIDE) v Commission of the European Com-
munities (1)

(State aid — Operating aid — Article 92(1) and (3)(d) of
the EC Treaty (now, after amendment, Article 87(1) and
(3)(d) EC) — Conditions for exemption from the prohibition
under Article 92(1) of the Treaty — Reference market —
Export aid in the book sector)

(2002/C 144/75)

(Language of the case: French)

In Case T-155/98, Société internationale de diffusion and
d’édition (SIDE), established in Bagneux (France), represented
by N. Coutrelis,
lawyer, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: G. Rozet and B. Mongin), supported by French
Republic (Agents: J.-F. Dobelle, G. de Bergues and F. Million):
Application for annulment of the last sentence of Article 1
of Commission Decision 1999/133/EC of 10 June 1998
concerning State aid in favour of Coopérative d’exportation du
livre français (CELF) (OJ 1999 L 44, p. 37), 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
28 February 2002, in which it:

1. Annuls the last sentence of Article 1 of Commission Decision
1999/133/EC of 10 June 1998 concerning State aid in favour
of Coopérative d’exportation du livre français (CELF);

C 144/36

EN

Official Journal of the European Communities

15.6.2002

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

2. Orders the applicant to pay the costs.

the applicant;

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

(1) OJ C 86 of 27.3.1999.

(1) OJ C 378 of 5.12.1998.

JUDGMENT OF THE COURT OF FIRST INSTANCE

20 March 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-23/99: LR AF 1998 A/S v Commission of the
European Communities (1)

20 March 2002

in Case T-17/99: KE KELIT Kunststoffwerk GmbH v
Commission of the European Communities (1)

(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) — Fine —
Equal treatment — Guidelines on the method of setting fines
— Non-retroactivity)

(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) —
Continuous infringement — Boycott — Access to the file —
Fine — Guidelines on the method of setting fines — Non-
retroactivity — Legitimate expectations)

(2002/C 144/77)

(Language of the case: English)

(2002/C 144/76)

(Language of the case: German)

In Case T-17/99, KE KELIT Kunststoffwerk GmbH, established
in Linz (Austria), represented by G. Grassner and W. Löbl,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agents: W. Mölls 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; G. Herzig,
Administrator, for the Registrar, has given a judgment on
20 March 2002, in which it:

1. Dismisses the application;

In Case T-23/99, LR af 1998 A/S (formerly Løgstør Rør A/S),
established in Løgstør (Denmark), represented by D. Wael-
broeck and H. Peytz, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: P. Olivier 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; G. Herzig,
Administrator, for the Registrar, has given a judgment on
20 March 2002, in which it has ruled:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 86 of 27.3.1999.