Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-217/00 P: Buzzi Unicem 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 inadmissible and in part manifestly unfounded)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), cement, inter-company cooperation

10.8.2002

EN

Official Journal of the European Communities

C 191/11

1.

2.

The first and fourth grounds of appeal are dismissed as
manifestly unfounded.

Costs are reserved.

1.

2.

The fourth, fifth and sixth grounds of appeal are dismissed in
their entirety as manifestly unfounded.

Costs are reserved.

(1) OJ C 247 of 26.8.2000.

(1) OJ C 247 of 26.8.2000.

ORDER OF THE COURT

(Fifth Chamber)

of 5 June 2002

ORDER OF THE COURT

(Fifth Chamber)

of 5 June 2002

in Case C-213/00 P: Italcementi — Fabbriche Riunite
Cemento SpA v Commission of the European Communi-
ties (1)

in Case C-217/00 P: Buzzi Unicem 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)

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

(2002/C 191/18)

(Language of the case: Italian)

(2002/C 191/19)

(Language of the case: Italian)

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

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

In Case C-219/00 P: Italcementi — Fabbriche Riunite Cemento
SpA, established in Bergamo, Italy, represented by A. Predieri,
M. Siragusa, M. Beretta, C. Lanciani and F. M. Moretti, 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 Cimente-
ries CBR and Others 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 (Fifth
Chamber), composed of P. Jann, Presidents 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:

In Case C-217/00 P: Buzzi Unicem SpA, formerly Unicem
SpA, established in Casale Monferrato (Italy), represented by
C. Osti and A. Prastaro, 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 and Others 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 (Fifth Chamber), composed of P. Jann,
Presidents 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:

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