Case C-236/03 P: Appeal brought on 2 June 2003 by the Commission of the European Communities against the judgment delivered on 19 March 2003 by the Third Chamber of the Court of First Instance of the European Communities in case T-213/00 between CMA CGM and thirteen other liner shipping companies and the Commission of the European Communities
Date: 2003-08-02
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), inter-company agreement, maritime transport, transit charge

C 184/22

EN

Official Journal of the European Union

2.8.2003

Is it contrary to Articles 12, 43 et seq. and 49 et seq. of the EC
Treaty, and Article 3(2) of Council Directive 92/50/EEC (1) of
18 June 1992 relating to the coordination of procedures for the
award of public service contracts, to include in the general
specifications and special administrative clauses and technical
specifications governing public competitions relating to home
respiratory treatments and other assisted breathing techniques:

1)

the requirement that, in order to qualify to tender, under-
takings must already have offices open to the public in
the province or capital of
the province in which the
service is to be provided;

2)

award criteria which favour:

a)

b)

c)

from undertakings

tenders
established within a
1 000 Km radius of the capital in which the service
is to be provided;

undertakings which already have offices open to the
public in certain towns in that province; or

undertakings which have been providing the service
previously?

(1) OJ L 209 of 18.06.1992, p. 1.

Appeal brought on 2 June 2003 by the Commission of the
European Communities against the judgment delivered on
19 March 2003 by the Third Chamber of the Court of
First Instance of the European Communities in case T-213/
00 (1) between CMA CGM and thirteen other liner ship-
the European
ping companies and the Commission of

Communities

(Case C-236/03 P)

(2003/C 184/39)

An appeal against the judgment delivered on 19 March 2003
by the Third Chamber of the Court of First Instance of the
European Communities in case T-213/00 between CMA CGM
and thirteen other liner shipping companies and the Commis-
the European Communities was brought before the
sion of
Court of Justice of the European Communities on 2 June 2003
by the Commission of the European Communities, represented
by P. Oliver, acting as agent, with an address for service in
Luxembourg.

The Appellant claims that the Court should:

— annul point 1 of

the Court of First
the judgment of
Instance of 19 March 2003 in Case T-213/00 (CMA
CGM v. Commission);

— reject the Respondents' Application in its entirety;

— order the Respondents to pay the Commission's costs.

Pleas in law and main arguments

The Commission submits
the CFI'S ruling contains
that
numerous contradictions and inconsistencies, not to say distor-
the contested judgment would
tions and that, accordingly,
render the division of offenders into groups, which is a key
element of the Guidelines, unworkable. The Commission main-
tains that
followed an approach which is both entirely
reasonable and wholly consonant with the principle of non-
discrimination.

it

In the Commission's submission, the CFI has erred in finding
that the Decision contained inadequate reasoning and has,
in
any event, exceeded the bounds of its jurisdiction.

According to the Commission the contested ruling would
severely fetter the Commission's discretion when setting fines,
to imposing on the
and would be virtually tantamount
Commission a duty to apply a mathematical or ‘scientifically’
verifiable
the
Commission's discretion, and thus its power and duty to
pursue infringements of Articles 81 and 82 of the Treaty.

formula. This would seriously undermine

Finally the Commission contests the CFI's finding that
the
imposition of fines was time-barred and maintains that such
finding is unsustained by any reasoning in the judgment.

(1) OJ C 124, 24.05.2003, p. 18.

Reference for a preliminary ruling from the Tribunal
d'Instance de Roubaix by judgment of
that court of
15 May 2003 in the case of Banque Sofinco SA against
Daniel and Carole Djemoui

(Case C-237/03)

(2003/C 184/40)

the
Reference has been made to the Court of
European Communities by judgment of the Tribunal d'instance
(District Court), Roubaix of 15 May 2003 received at
the
Court Registry on 4 June 2003, for a preliminary ruling in
the case of Banque Sofinco SA against Daniel and Carole
Djemoui on the following questions:

Justice of

1. Must Council Directives 87/102/EC (1) of 22 December
1986 and 90/88/EC (2) of 22 February 1990 be inter-
the
preted as requiring the national court
interpretation of national
law obliging consumer credit
institutions to inform the borrower/consumer in writing
of the current annual percentage rate of charge, before
each renewal of a credit agreement renewable in instal-
ments in which the interest is stipulated to be variable?

to favour