Case T-101/02: Action brought on 5 April 2002 by Ineos NV against the Commission of the European Communities
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), economic concentration, hydrocarbon, merger control, oil industry, sale

29.6.2002

EN

Official Journal of the European Communities

C 156/31

According to the applicant, the remedy in the Shell/DEA case
remains ineffective as long as this problem is not addressed.
According to the applicant, the commitment from BP/E.ON,
that it will not use its voting rights to block any special
resolutions pending the sale of the shares to be divested, is
insufficient and remains unclear on what is to happen in a
number of situations. The applicant claims therefore that this
commitment does not offer an interim solution at all.

(1) With the operation examined by the Commission in this case, BP,
together with E.ON would acquire joint control of Veba Oel. The
Decision of the Commission in case no. COMP/M.2533-BP/E.ON
is also contested by this applicant in Case T-101/02.

(2) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
the control of concentrations between undertakings (OJ L 395 of
30.12.1989 p. 1; text republished in OJ L 257 of 21.9.1990,
p. 13).

Action brought on 5 April 2002 by EVC International N.V.
against the Commission of the European Communities

(Case T-100/02)

(2002/C 156/59)

(Language of the case: English)

Pleas in law and main arguments

The applicant in the present case is a purchaser of merchant
ethylene outside the ARG+ pipeline network.

The applicant contests the Decision of
the Commission
declaring an operation where Deutsche Shell GmbH would
acquire sole control of the undertaking DEA Mineraloel AG
under certain conditions compatible with the common market
and the EEA Agreement. These conditions were necessary
since the operation gave rise to substantial competition
concerns on the ARG+ merchant ethylene market. In particu-
lar, there was a risk of creating a joint dominant position of
(case no. COMP/M.2533-BP/
Shell/DEA and BP/Veba Oel
E.ON (1).

According to the applicant, the present Decision has an
important effect on the ARG+ merchant ethylene market.
There is a clear price link between this market and markets for
merchant ethylene outside the ARG+, in which the applicant
operates.

The pleas and arguments put forward in the present case are
the same as those put forward in Case T-99/02.

(1) With the operation examined by the Commission in this case, BP,
together with E.ON, would acquire joint control of Veba Oel. The
Decision of the Commission in case no. COMP/M.2533-BP/E.ON
is also contested by this applicant in Case T-102/02.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 April 2002 by EVC International
N.V., represented by Mr Julian Ellison, Mr Mark Clough QC
and Mr Matthew Hall of Ashurst Morris Crisp, Brussels
(Belgium).

Action brought on 5 April 2002 by Ineos NV against the
Commission of the European Communities

(Case T-101/02)

(2002/C 156/60)

The applicant claims that the Court should:

(Language of the case: English)

— annul under Article 230 of the EC Treaty, the Commission
Decision in case no. COMP/M.2389-Shell/DEA in its
entirety and/or insofar as it concerns the market for
supply of merchant ethylene;

— order the Commission to pay the costs

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 April 2002 by Ineos NV,
represented by Mr Julian Ellison, Mr Mark Clough QC and Mr
Matthew Hall of Ashurst Morris Crisp, Brussels (Belgium).

C 156/32

EN

Official Journal of the European Communities

29.6.2002

The applicant claims that the Court should:

Action brought on 5 April 2002 by EVC International N.V.
against the Commission of the European Communities

— annul under Article 230 of the EC Treaty the Commission
Decision in case no. COMP/M.2533-BP/E.ON in its
entirety and/or insofar it concerns the market for the
supply of merchant ethylene;

(Case T-102/02)

(2002/C 156/61)

— order the Commission to pay the costs.

(Language of the case: English)

Pleas in law and main arguments

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 April 2002 by EVC International
N.V., represented by Mr Julian Ellison, Mr Mark Clough QC
and Mr Matthew Hall of Ashurst Morris Crisp, Brussels
(Belgium).

The applicant in the present case is a purchaser of merchant
ethylene on the ARG+ pipeline network in Belgium, the
Netherlands and western Germany.

The applicant claims that the Court should:

The applicant contests the Decision of
the Commission
declaring an operation where BP, together with E.ON, would
acquire joint control of Veba Oel under certain conditions
compatible with the common market and the EEA Agreement.
These conditions were necessary since the operation gave rise
to substantial competition concerns on the ARG+ merchant
ethylene market. In particular, there was a risk of creating a
joint dominant position of BP/Veba Oel and Shell/DEA (case
no. COMP/M. 2389-Shell/DEA (1).

The decisions in the BP/E.ON case is closely related to the
decision in the Shell/DEA case. These cases were treated
similarly and the remedies imposed in each case are only
effective if the remedies in the other case are operative as well.
Therefore, the applicant puts forward the same arguments as
in Case T-99/02.

(1) Under the operation examined by the Commission in this case,
Deutsche Shell would acquire sole control of the undertaking
DEA Mineraloel. The decision in case nr COMP/M. 2389-Shell/
DEA is also contested by this Applicant in Case T-99/02.

— annul under Article 230 of the EC Treaty the Commission
Decision in case no. COMP/M.2533-BP/E.ON in its
entirety and/or insofar it concerns the market for the
supply of merchant ethylene;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant in the present case is a purchaser of merchant
ethylene outside the ARG+ pipeline network.

the Commission
The applicant contests the Decision of
declaring an operation where BP, together with E.ON, would
acquire joint control of Veba Oel under certain conditions
compatible with the common market and the EEA Agreement.
These conditions were necessary since the operation gave rise
to substantial competition concerns on the ARG+ merchant
ethylene market. In particular, there was a risk of creating a
joint dominant position of BP/Veba Oel and Shell/DEA (case
no. COMP/M. 2389-Shell/DEA (1).

The Decision in the BP/E.ON case is closely related to the
decision in the Shell/DEA case. These cases were treated
similarly and the remedies imposed in each case are only
effective if the remedies in the other case are operative as well.