Judgment of the Court (Fifth Chamber) of 2 October 2003 in Case C-198/99 P: Empresa Nacional Siderúrgica SA (Ensidesa) v Commission of the European Communities (Appeal — Agreements and concerted practices — European producers of beams)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), competition, inter-company agreement, iron and steel industry

15.11.2003

EN

Official Journal of the European Union

C 275/3

JUDGMENT OF THE COURT

(Fifth Chamber)

of 2 October 2003

in Case C-194/99 P: Thyssen Stahl AG v Commission of
the European Communities (1)

(Appeal — Agreements and concerted practices — European
producers of beams)

(2003/C 275/05)

(Language of the case: German)

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

In Case C-194/99 P, Thyssen Stahl AG, established in Duisburg
(Germany) (represented by F. Montag): Appeal against the
judgment of the Court of First Instance of the European
Communities (Second Chamber, Extended Composition) of
11 March 1999 in Case T-141/94 Thyssen Stahl v Commission
[1999] ECR II-347, seeking to have that judgment set aside in
part, the other party to the proceedings being: Commission of
the European Communities (Agents: J. Currall and W. Wils,
assisted by H.-J. Freund), the Court (Fifth Chamber), composed
of: M. Wathelet, President of the Chamber, D.A.O. Edward,
A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;
C. Stix-Hackl, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
2 October 2003, in which it:

1. Dismisses the appeal;

2. Orders Thyssen Stahl AG to pay the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 2 October 2003

Instance of

N. Lacalle Mangas): Appeal against the judgment of the Court
of First
the European Communities (Second
Chamber, Extended Composition) of 11 March 1999 in Case
T-156/94 Aristrain v Commission [1999] ECR II-645, seeking
to have that judgment set aside,
the other party to the
proceedings being: Commission of the European Communities
(Agents:
J. Currall and W. Wils, assisted by J. Rivas de
Andrés), the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, D.A.O. Edward, A. La Pergola,
P. Jann (Rapporteur) and S. von Bahr, Judges; C. Stix-Hackl,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 2 October 2003, in
which it:

1.

Sets aside the judgment of
the Court of First Instance of
11 March 1999 in Case T-156/94 Aristrain v Commission
in so far as the Court of First Instance declared the application
for annulment of Commission Decision 94/215/ECSC of
16 February 1994 relating to a proceeding pursuant
to
Article 65 of the ECSC Treaty concerning agreements and
concerted practices engaged in by European producers of beams
to be unfounded as regards the order that Siderúrgica Aristrain
Madrid SL pay a fine which also took into account the conduct
of Aristrain Olaberría SL;

2. Dismisses the remainder of the appeal;

3.

4.

Refers the case back to the Court of First Instance;

Reserves the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 2 October 2003

in Case C-198/99 P: Empresa Nacional Siderúrgica SA
(Ensidesa) v Commission of the European Communities (1)

in Case C-196/99 P: Siderúrgica Aristrain Madrid SL v
Commission of the European Communities (1)

(Appeal — Agreements and concerted practices — European
producers of beams)

(Appeal — Agreements and concerted practices — European
producers of beams)

(2003/C 275/06)

(Language of the case: Spanish)

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

(2003/C 275/07)

(Language of the case: Spanish)

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

In Case C-196/99 P, Siderúrgica Aristrain Madrid SL estab-
lished in Madrid (Spain) (represented by A. Creus Carreras and

In Case C-198/99 P, Empresa Nacional Siderúrgica SA (Enside-
sa), established in Avilés (Spain), (represented by S. Martínez
Lage and J. Pérez-Bustamante Köster): Appeal against the

C 275/4

EN

Official Journal of the European Union

15.11.2003

judgment of the Court of First Instance of the European
Communities (Second Chamber, Extended Composition) of
11 March 1999 in Case T-157/94 Ensidesa v Commission
[1999] ECR II-707, seeking to have that judgment set aside,
the other party to the proceedings being: Commission of the
European Communities (Agents:
J. Currall and W. Wils),
assisted by J. Rivas de Andrés), the Court (Fifth Chamber),
the Chamber,
composed of: M. Wathelet, President of
D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur) and S. von
Bahr, Judges; C. Stix-Hackl, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 2 October 2003, in which it:

1. Dismisses the appeal;

2. Orders Empresa Siderúrgica SA (Ensidesa) to pay the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 2 October 2003

in Case C-199/99 P: Corus UK Ltd v Commission of the
European Communities (1)

(Appeal — Agreements and concerted practices — European
producers of beams)

(2003/C 275/08)

(Language of the case: English)

In Case C-199/99 P, Corus UK Ltd, formerly British Steel plc,
established in London (United Kingdom),
(represented by
P. Collins and M. Levitt, solicitors): Appeal against the judg-
ment of the Court of First Instance of the European Communi-
ties (Second Chamber, Extended Composition) of 11 March
1999 in Case T-151/94 British Steel v Commission [1999]
ECR II-629, seeking to have that judgment set aside, the other
party to the proceedings being: Commission of the European
Communities (Agents:
J. Currall and W. Wils, assisted by
J. Flynn, barrister), the Court (Fifth Chamber), composed of:
M. Wathelet, President of the Chamber, D.A.O. Edward, A. La
Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges; C. Stix-
Hackl, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 2 October
2003, in which it:

1. Dismisses the appeal;

2. Orders Corus UK Ltd to pay the costs.

(1) OJ C 204 of 17.7.1999.

JUDGMENT OF THE COURT

of 30 September 2003

In Joined Cases C-57/00 P and C-61/00 P: Freistaat Sachsen,
Volkswagen AG and Volkswagen Sachsen GmbH v Com-
mission of the European Communities (1)

(State aid — Compensation for the economic disadvantages
caused by the division of Germany — Serious disturbance in
the economy of a Member State — Regional economic
development — Community framework for State aid in the
motor vehicle industry)

(2003/C 275/09)

(Language of the case: German)

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

In Joined Cases C-57/00 P and C-61/00 P, Freistaat Sachsen
(represented by J. Sedemund) with an address for service in
Luxembourg (C-57/00 P), Volkswagen AG and Volkswagen
Sachsen GmbH (represented by M. Schütte) with an address
for service in Luxembourg (C-61/00 P): Appeals against the
judgment of the Court of First Instance of the European
Communities (Second Chamber, Extended Composition) of
15 December 1999 in Joined Cases T-132/96 and T-143/96
Freistaat Sachsen and Others v Commission [1999] ECR II-
3663, seeking to have that judgment set aside, the other parties
to the proceedings being: Commission of
the European
Communities (Agent: K.-D. Borchardt, assisted by M. Núñez-
Müller) with an address for service in Luxembourg, Federal
Republic of Germany (Agent: T. Oppermann) and United
Kingdom of Great Britain and Northern Ireland, the Court,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissoch-
et, M. Wathelet, R. Schintgen and C.W.A. Timmermans
(Presidents of Chambers), D.A.O. Edward, P. Jann, V. Skouris,
F. Macken (Rapporteur), S. von Bahr and J.N. Cunha Rodrigues,
Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
30 September 2003, in which it:

1. Dismisses the appeals;

2. Orders the Freistaat Sachsen to pay the costs in Case C-57/

00 P;

3. Orders Volkswagen AG and Volkswagen Sachsen GmbH to

pay the costs in Case C-61/00 P;