Judgment of the Court of First Instance 28 February 2002 in Case T-395/94: Atlantic Container Line AB e.a. v Commission of the European Communities (Competition — Liner conferences — Regulation (EEC) No 4056/86 — Scope — Block exemption — Regulation (EEC) No 1017/68 — Individual exemption)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, combined transport, inter-company agreement, maritime transport, restriction on competition, transport company

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-

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.