Judgment of the Court of First Instance 20 March 2002 in Case T-17/99: KE KELIT Kunststoffwerk GmbH v Commission of the European Communities (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)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, heating, restrictive trade practice, type of business

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.