Judgment of the Court (Sixth Chamber) of 18 September 2003 in Case C-338/00 P: Volkswagen AG (Appeal — Competition — Distribution of motor vehicles — Partitioning of the market — Article 85 of the EC Treaty (now Article 81 EC) — Regulation (EEC) No 123/85 — Whether the infringement can be attributed to the undertaking concerned — Right to a fair hearing — Duty to state reasons — Legal consequences of disclosure to the press — Effect of propriety of the notification on the calculation of the fine — Cross-appeal)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), distributive trades, exclusive distribution agreement, motor vehicle industry, restriction on competition

1.11.2003

EN

Official Journal of the European Union

C 264/3

4. Article 12 EC and the second subparagraph of Article 34(2)
EC do not preclude the adoption of measures such as those at
issue in the main proceedings against a dairy cooperative which
enjoys market power and exploits that position in a manner
contrary to the public interest, even though large vertically-
integrated dairy cooperatives are permitted to operate in other
Member States.

(1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 18 September 2003

in Case C-338/00 P: Volkswagen AG (1)

(Appeal — Competition — Distribution of motor vehicles
— Partitioning of the market — Article 85 of the EC Treaty
(now Article 81 EC) — Regulation (EEC) No 123/85
— Whether the infringement can be attributed to the
undertaking concerned — Right to a fair hearing — Duty to
state reasons — Legal consequences of disclosure to the press
— Effect of propriety of the notification on the calculation
of the fine — Cross-appeal)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 September 2003

in Case C-331/00: Hellenic Republic v Commission of the
European Communities (1)

(2003/C 264/04)

(EAGGF — Clearance of accounts — Financial years 1996,
1997 and 1998 — Arable crops — Beef — Aid for early
retirement)

(Language of the case: German)

(2003/C 264/03)

(Language of the case: Greek)

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

In Case C-331/00, Hellenic Republic (Agents: V. Kontolaimos
and I. K. Chalkias, as well as by C. Tsiavou) v Commission of
the European Communities (Agent: M. Condou-Durande):
Application for partial annulment of Commission Decision
2000/449/EC of 5 July 2000 excluding from Community
financing certain expenditure incurred by the Member States
under the Guarantee Section of the European Agricultural
(OJ 2000 L 180,
Guidance and Guarantee Fund (EAGGF)
p. 49), in so far as its concerns the Hellenic Republic, the Court
(Fifth Chamber), composed of: D.A.O. Edward (Rapporteur),
acting for the President of the Fifth Chamber, A. La Pergola,
P. Jann, S. von Bahr and A. Rosas, Judges; A. Tizzano, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 18 September 2003, in which it:

1. Dismisses the application;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 355 of 9.12.2000.

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

In Case C-338/00 P, Volkswagen AG, established in Wolfsburg
(Germany) (represented by R. Bechtold): Appeal against the
judgment of the Court of First Instance of the European
Communities (Fourth Chamber) of 6 July 2000 in Case T-62/
98 Volkswagen v Commission [2000] ECR II-2707, seeking
to have that judgment set aside in part, the other party to the
proceedings being: Commission of the European Communities
(Agent: K. Wiedner, assisted by H.-J. Freund), the Court (Sixth
Chamber), composed of:
J.-P. Puissochet, President of the
Chamber, C. Gulmann, V. Skouris (Rapporteur), F. Macken
and N. Colneric, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 18 September 2003, in which it:

1. Dismisses the main appeal and the cross-appeal;

2. Orders each party to bear its own costs.

(1) OJ C 335 of 25.11.2000.