Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-219/00 P: Cementir — Cementerie del Tirreno SpA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), cement, inter-company cooperation

C 191/12

EN

Official Journal of the European Communities

10.8.2002

1.

The following are dismissed as manifestly inadmissible and/or
manifestly unfounded:

— second ground of appeal, second to fifth parts;

— third ground of appeal;

— sixth ground of appeal;

— eighth ground of appeal;

— ninth ground of appeal, first part;

— eleventh ground of appeal, first, second, fourth and fifth

parts;

— sixteenth ground of appeal;

— seventeenth ground of appeal;

— nineteenth ground of appeal;

P.C. Gaito, lawyers — appeal against the judgment of the
Court of First Instance of the European Communities, Fourth
Chamber, Extended Composition, of 15 March 2000 in Joined
Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
T-104/95 Cimenteries CBR v Commission [2000] ECR II-491,
seeking to have that judgment set aside, the other party to the
proceedings being Commission of the European Communities
(Agents: R. Lyal, assisted by A. Dal Ferro) — the Court,
composed of
the Chamber,
D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and
A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, made an order on 5 June 2002, the
operative part of which is as follows:

Presidents of

Jann,

P.

1.

2.

The fourth and fifth parts of the sixth ground of appeal are
dismissed as manifestly unfounded.

Costs are reserved.

— twentieth ground of appeal, and

(1) OJ C 247 of 26.8.2000.

— twentieth and twenty-first grounds of appeal.

2.

Costs are reserved.

(1) OJ C 247 of 26.8.2000.

ORDER OF THE COURT

(Fifth Chamber)

of 5 June 2002

in Case C-219/00 P: Cementir — Cementerie del Tirreno
SpA v Commission of the European Communities (1)

(Appeals — Competition — Cement — Article 85(1) of the
in part
EC Treaty (now, Article 81(1) EC) — Appeal

manifestly unfounded)

(2002/C 191/20)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

ORDER OF THE COURT

(Second Chamber)

of 30 May 2002

in Case C-358/00 (Reference for a preliminary ruling
from the Oberlandesgericht Düsseldorf): Buchhändler-
Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die
Deutsche Bibliothek (1)

(Article 104(3) of the Rules of Procedure — Public service
contracts — Directive 92/50/EEC — Public service con-
cession)

(2002/C 191/21)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-219/00 P: Cementir — Cementerie del Tirreno
SpA, established in Rome, represented by G.M. Roberti and

In Case C-358/00: Reference to the Court under Article 234 EC
by the Oberlandesgericht Düsseldorf (Germany) for a prelimi-
nary ruling in the proceedings pending before that court