Judgment of the Court of First Instance of 7 March 2002 in Case T-95/99: Satellimages TV 5 SA v Commission of the European Communities (Action for annulment — Competition — Complaint — Commission letter addressed to the complainant — Preparatory measure — Inadmissibility)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), cable distribution, charges for use of infrastructure, public sector

29.6.2002

EN

Official Journal of the European Communities

C 156/15

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 March 2002

of 7 March 2002

in Case T-21/99, Dansk Rørindustri A/S v Commission of
the European Communities (1)

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

in Case T-95/99: Satellimages TV 5 SA v Commission of
the European Communities (1)

(Action for annulment — Competition — Complaint —
Commission letter addressed to the complainant — Prepara-
tory measure — Inadmissibility)

(2002/C 156/27)

(Language of the case: Danish)

(2002/C 156/28)

(Language of the case: English)

In Case T-21/99, Dansk Rørindustri A/S, established in Frede-
ricia (Denmark), represented by K. Dyekjær-Hansen, K. Høegh
et C. Karhula Lauridsen, avocats, with an address for service in
Luxembourg, against Commission of the European Commu-
nities (Agents: E. Gippini Fournier and H.C. Støvlbæk) —
application for 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) and also for
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;
J. Palacio Gonza´lez, Administrator, for the Registrar, has given
a judgment on 20 March 2002, in which it:

1. Annuls 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)
in so far as it finds that the applicant infringed Article 85(1)
of the Treaty by participating in the infringement referred to in
that article during the period April to August 1994;

2. Dismisses the remainder of the application;

3. Orders the applicant to bear its own costs and to pay 90 % of

the costs incurred by the Commission;

In Case T-95/99, Satellimages TV 5 SA, established in Paris
(France), represented by E. Marissens, lawyer, with an address
for service in Luxembourg, supported by French Republic
(Agents: initially K. Rispal-Bellanger, and, subsequently, G. de
Bergues and F. Million), v Commission of the European
Communities (Agents: B. Doherty and K. Wiedner), supported
by Deutsche Telekom Ag, established in Bonn (Germany),
represented by F. Roitzsch and K. Quack, with an address for
service in Luxembourg: Application for the annulment of the
alleged decision by the Commission of 15 February 1999
relating to a complaint by the applicant under Article 86 of
the EC Treaty (now Article 82 EC) (IV/36.968 — Satellimages
TV 5/Deutsche Telekom), the Court of First Instance (Second
Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
rung and A.W.H. Meij, Judges; H. Jung, Registrar, has given a
judgment on 7 March 2002, in which it:

1. Dismisses the application as inadmissible;

2. Orders the applicant to bear its own costs and to pay the costs

incurred by the Commission;

4. Orders the Commission to bear 10 % of its own costs.

3. Orders the interveners to bear their own costs.

(1) OJ C 100 of 10.4.1999.

(1) OJ C 188 of 3.7.1999.