Judgment of the Court of First Instance 28 February 2002 in Case T-308/94: Cascades SA v Commission of the European Communities (Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Liability for the infringement — Fine — Appeal — Referral back to Court of First Instance — Equal treatment — Principle of res judicata)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, France, firm governed by commercial law, paperboard, restriction on competition, restrictive trade practice

15.6.2002

EN

Official Journal of the European Communities

C 144/33

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

28 February 2002

28 February 2002

in Case T-308/94: Cascades SA v Commission of the
European Communities (1)

(Competition — Article 85(1) of the EC Treaty (now
Article 81(1) EC) — Liability for the infringement — Fine
— Appeal — Referral back to Court of First Instance —
Equal treatment — Principle of res judicata)

in Case T-395/94: Atlantic Container Line AB e.a. v
Commission of the European Communities (1)

(Competition — Liner conferences — Regulation (EEC)
No 4056/86 — Scope — Block exemption — Regulation
(EEC) No 1017/68 — Individual exemption)

(2002/C 144/71)

(Language of the case: French)

(2002/C 144/72)

(Language of the case: English)

In Case T-308/94, Cascades SA, established in Bagnolet
(France), represented by J.-Y. Art, lawyer, with an address for
service in Luxembourg, v Commission of
the European
Communities (Agents: R. Lyal and E´ . Gippini Fournier):
Application for annulment of Commission Decision 94/601/
EC of 13 July 1994 relating to a proceeding under Article 85
of the EC Treaty (IV/C/33.833 — Cartonboard) (OJ 1994
L 243, p. 1), Court of First Instance (First Chamber, Extended
Composition), composed of: B. Vesterdorf, President, K. Le-
naerts,
Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 28 February 2002, in which it:

J. Pirrung, M. Vilaras and N.

J. Forwood,

1.

Sets the amount of the fine imposed on the applicant by
Article 3 of Commission Decision 94/601/EC of 13 July
1994 relating to a proceeding under Article 85 of the EC
Treaty (IV/C/33.833 — Cartonboard) at EUR 13 538 000;

2. Orders the applicant to bear five sixths of its own costs and of
the Commission’s costs, incurred before the Court of Justice and
the Court of First Instance, including those relating to the
interlocutory proceedings;

3. Orders the Commission to bear one sixth of the applicant’s
costs and of its own costs, incurred before the Court of Justice
and the Court of First Instance, including those relating to the
interlocutory proceedings.

(1) OJ C 351 of 10.12.1994.

In Case T-395/94, Atlantic Container Line AB, established in
Gothenburg (Sweden), Cho Yang Shipping Co. Ltd, established
in Seoul (South Korea), DSR-Senator Lines GmbH, established
in Bremen (Germany), Hapag Lloyd AG, established in Ham-
burg (Germany), Mediterranean Shipping Company SA, estab-
lished in Geneva (Switzerland), A. P. Møller-Mærsk Line,
established in Copenhagen (Denmark), Nedlloyd Lijnen BV,
established in Rotterdam (Netherlands), Neptune Orient Lines
Ltd, established in Singapore (Singapore), Nippon Yusen Kaisha
(NYK Line), established in Tokyo (Japan), Orient Overseas
Container Line (UK) Ltd, established in Levington (United
Kingdom), P & O Containers Ltd, established in London
(United Kingdom), Polish Ocean Lines (POL), established in
Gdynia (Poland), Sea-Land Service Inc., established in Jersey
City, New Jersey (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, N. Bromfield and, initially, S. Kim
and, subsequently, M. Levitt, solicitors, with an address for
service in Luxembourg, supported by The European Com-
munity Shipowners’ Associations ASBL, established in Brussels,
lawyer, and The Japanese
represented by D. Waelbroeck,
Shipowners’ Association, established in Tokyo, represented
initially by N. Forwood, QC, and P. Rutley, solicitor, and
subsequently by F. Murphy, lawyer, with an address for service
in Luxembourg, v Commission of the European Communities
(Agents: B. Langeheine and R. Lyal), supported by The Freight
Transport Association Ltd, established in Tunbridge Wells
(United Kingdom),
including The British Shipping Council,
Association des utilisateurs de transport de fret, established in
Paris, incorperating Conseil des chargeurs français, and by The
European Council of Transport Users ASBL, established in
Brussels, including The European Shippers Council, represent-