Judgment of the Court of First Instance of 22 October 2002 in Case T-310/01: Schneider Electric SA v Commission of the European Communities (Competition — Regulation (EEC) No 4064/89 — Decision declaring a concentration to be incompatible with the common market — Action for annulment)
Date: 2003-03-08
Institutions: Court of First Instance
Subjects: action for annulment (EU), dominant position, economic concentration, electrical equipment, merger control, restriction on competition

C 55/24

EN

Official Journal of the European Union

8.3.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

— Orders the European Central Bank to pay the costs;

of 8 January 2003

3.

In Case T-152/01:

in Joined Cases T-94/01, T-152/01 and T-286/01: Astrid
Hirsch and Others v European Central Bank (1)

(Officials — Members of staff of the European Central Bank
— Article 19 of the Conditions of Employment — Education
allowance — Refusal to grant it to members of staff not
entitled to the expatriation allowance under Article 17 of
those conditions — Principle of non-discrimination)

— Annuls the decision of the European Central Bank of

15 February 2001;

— Dismisses the remainder of the action;

— Orders the European Central Bank to pay the costs;

4.

In Case T-286/01:

— Annuls the decision of the European Central Bank of

6 June 2001;

(2003/C 55/69)

— Dismisses the remainder of the action;

(Language of the case: German and English)

— Orders the European Central Bank to pay the costs.

(1) OJ C 186 of 30.06.2001, C 275 of 29.09.2001 and C 31 of

02.02.2002.

In Joined Cases T-94/01, T-152/01 and T-286/01, Astrid
the European Central Bank,
Hirsch, member of staff of
resident in Eppstein-Niederjosbach, Germany, represented by
G. Vandersanden and L. Levi,
lawyers, Emanuele Nicastro,
member of staff of the European Central Bank, resident in
Frankfurt on Main, Germany, represented by N. Pflüger,
R. Steiner and S. Mittländer, lawyers, and Johannes Priesemann,
member of staff of the European Central Bank, resident in
Frankfurt on Main, Germany, represented by N. Pflüger, lawyer,
v European Central Bank (Agents: V. Saintot, T. Gilliams and
B. Wägenbaur): Application for annulment, in Case T-94/01,
of the decision of the European Central Bank of 25 September
2000 refusing to grant the applicant an education allowance
to cover the costs of attendance by her son at the International
School Frankfurt, in Case T-152/01, of the decision of the
European Central Bank of 15 February 2001 refusing to grant
the applicant an education allowance in respect of his two
sons and, in Case T-286/01, of the decision of the European
Central Bank of 6 June 2001 refusing to grant the applicant
an education allowance in respect of his children, the Court of
First Instance (Third Chamber), composed of: K. Lenaerts,
President,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
8 January 2003, in which it:

J. Azizi and M.

Jaeger,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 October 2002

in Case T-310/01: Schneider Electric SA v Commission of
the European Communities (1)

(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a concentration to be incompatible with the com-
mon market — Action for annulment)

(2003/C 55/70)

(Language of the case: French)

1.

Joins Cases T-94/01, T-152/01 and T-286/01 for the
purposes of judgment;

2.

In Case T-94/01:

— Annuls the decision of the European Central Bank of

25 September 2000;

— Dismisses the remainder of the action;

In Case T-310/01: Schneider Electric SA, established in Rueil-
Malmaison (France), represented by F. Herbert, J. Steenbergen
and M. Pittie, lawyers, supported by French Republic (Agents:
G. de Bergues and F. Million), against Commission of the
European Communities (Agents: P. Oliver, P. Hellström and
F. Lelièvre), supported by Comité Central d’Entreprise de la SA
Legrand, Comité Européen du Groupe Legrand, established in
Limoges, represented by H. Masse-Dessen, lawyer — appli-
cation for annulment of Commission Decision C(2001)3014
final declaring a concentration to be incompatible with the
common market and the EEA Agreement (Case COMP/M.2283

8.3.2003

EN

Official Journal of the European Union

C 55/25

— Schneider-Legrand) — the Court of First Instance (First
Chamber), composed of B. Vesterdorf, President, N.J. Forwood
Judges; B. Pastor, Deputy Registrar, for the
and H. Legal,
Registrar, has given a judgment on 22 October 2002, in which
it:

1. Annuls Commission Decision C(2001)3014 final of 10 Octo-
ber 2001 declaring a concentration to be incompatible with the
common market and the EEA Agreement
(Case COMP/
M.2283 — Schneider-Legrand);

2. Orders the Commission to bear its own costs and, in addition,

to pay those incurred by Schneider Electric SA;

3. Orders the Comité Central d’Entreprise de SA Legrand and the
Comité Européeen du Groupe Legrand to bear their own costs;

4. Orders the French Republic to bear its own costs.

( 1) OJ C 56 of 2.3.2002.

(1) Annuls Commission Decision C (2002) 360 final of 30 Janu-
ary 2002 ordering the separation of undertakings (Case
COMP/M.2283 — Schneider — Legrand);

(2) Orders the Commission to bear its own costs and to pay the
including the costs of the

costs incurred by the applicant,
interlocutory proceedings in Case T-77/02 R;

(3) Orders Legrand SA, the Comité Central d’Entreprise de la SA
Legrand and the Comité Européen du Groupe Legrand to bear
their own costs.

(1) OJ C 118 of 18.5.2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 13 December 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-112/02: Gustaaf Van Dyck v Commission of the
European Communities (1)

of 22 October 2002

in Case T-77/02: Schneider Electric SA v Commission of
the European Communities (1)

(Competition — Regulation No 4064/89 — Decision
ordering separation of undertakings — Article 8(4) of
Regulation No 4064/89 — Illegality of the decision declaring
a concentration incompatible with the common market —
Ensuing illegality of the divestiture decision)

(2003/C 55/71)

(Language of the case: French)

In Case T-77/02: Schneider Electric SA, established in Rueil-
Malmaison (France), represented by A. Winckler and É. de La
Serre,
lawyers, against Commission of the European Com-
munities (Agents: P. Oliver, P. Hellström and F. Lelièvre),
supported by Legrand SA, established in Limoges (France),
represented by H. Calvet, lawyer, Comité central d’entreprise
de la SA Legrand, Comité européen du Groupe Legrand,
established in Limoges, represented by H. Masse-Dessen,
lawyer — application for annulment of Commission Decision
C (2002) 360 final of 30 January 2002, ordering a separation
of undertakings (Case COMP/M.2282 — Schneider-Legrand)
— the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;
B. Pastor, Deputy Registrar, for the Registrar, has given a
judgment on 22 October 2002, in which it:

(Officials — Classification of grade upon recruitment —
Application for reclassification — New fact — Meaning)

(2003/C 55/72)

(Language of the case: Dutch)

against

resident

the European Communities,

In Case T-112/02, Gustaaf Van Dyck, an official of the
Commission of
in
(Belgium), represented by M.E. Storme and
Wuustwezel
A. Gobien,
the
avocats,
European Communities (agents: F. Clotuche-Duvieusart and
H.M.H. Speyart), seeking to set aside the Commission’s refusal
to accede to the applicant’s request for reclassification, the
Court of First
(First Chamber), composed of
B. Vesterdorf, President, and R.M. Moura Ramos and H. Legal,
Judges; Registrar: H. Jung, made an order on 13 December
2002 in which it:

the Commission of

Instance

(1) Dismissed the application as inadmissible.

(2) Ordered the parties to bear their own costs.

(1) OJ 2002 C 131, p. 26.