Judgment of the Court of First Instance of 16 October 2003 in Case T-148/00: The Panhellenic Union of Cotton Ginners and Exporters v Commission of the European Communities (State aid — Compensatory levy — Method of financing aid — Community aid scheme for cotton — Action for annulment — Admissibility — Acts which may be challenged — Commission's refusal to continue infringement proceedings — Principle of independent legal remedies)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), aid system, common market, cotton

C 7/30

EN

Official Journal of the European Union

10.1.2004

1. Annuls Article 5 of Commission Decision 1999/243/EC of
16 September 1998 relating to a proceeding pursuant to
Articles 85 and 86 of the EC Treaty (Case No IV/35.134 —
Trans-Atlantic Conference Agreement).

2. Annuls Article 6 of Decision 1999/243 in so far as it applies
to mutual disclosure by the applicants of the availability and
content of their individual service contracts.

(Fifth Chamber, Extended Composition), composed of: R. Gar-
cía-Valdecasas, President, P. Lindh, J.D. Cooke, P. Mengozzi
and H. Legal,
for the
Registrar, has given a judgment on 16 October 2003, in which
it:

J. Plingers, Administrator,

Judges;

1. Dismisses the application as inadmissible.

3. Annuls Article 7 of Decision 1999/243 to the extent required

by the annulment of Articles 5 and 6.

2. Orders the applicant to bear its own costs and to pay those of

the Commission.

4. Annuls Article 8 of Decision 1999/243.

3. Orders the Hellenic Republic to bear its own costs.

5. Dismisses the remainder of the applications.

(1) OJ C 259 of 9.9.2000.

6. Orders the applicants and the Commission each to bear their

own costs.

7. Orders the European Council of Transport Users ASBL to bear

its own costs.

(1) OJ C 71 of 27.03.1999 and OJ C 86 of 13.03.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 October 2003

in Case T-148/00: The Panhellenic Union of Cotton
Ginners and Exporters v Commission of the European
Communities (1)

(State aid — Compensatory levy — Method of financing aid
— Community aid scheme for cotton — Action for annul-
ment — Admissibility — Acts which may be challenged —
Commission’s refusal to continue infringement proceedings
— Principle of independent legal remedies)

(2004/C 7/53)

(Language of the case: English)

In Case T-148/00, The Panhellenic Union of Cotton Ginners
and Exporters, established in Thessaloniki (Greece), represented
by K. Adamantopoulos, V. Akritidis and J. Gutiérrez Gisbert,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agents: M. Condou
and D. Triantafyllou), supported by Hellenic Republic (Agents:
I. Chalkias and C. Tsiavou): Application for the partial annul-
ment of Commission Decision 2000/206/EC of 20 July 1999
on an aid scheme applied in Greece to cotton by the Greek
Cotton Board (OJ 2000 L 63, p. 27), the Court of First Instance

of 21 October 2003

in Case T-368/00: General Motors Nederland BV and
Opel Nederland BV v Commission of the European
Communities (1)

(Competition — Distribution of motor vehicles — Article 81
EC — Regulations (EEC) No 123/85 and (EC) No 1475/95
— Partitioning of the market — General strategy aimed at
restricting exports — Restriction of supply — Restrictive
bonus policy — Ban on exports — Fine — Gravity and
duration of the infringement — Proportionality — Guide-
lines for the calculation of fines)

(2004/C 7/54)

(Language of the case: English)

the European Communities

In Case T-368/00, General Motors Nederland BV, established
in Sliedrecht (Netherlands), Opel Nederland BV, established in
Sliedrecht, represented by D. Vandermeersch, R. Snelders and
S. Allcock, lawyers, with an address for service in Luxembourg,
v Commission of
(Agents:
W. Mölls and A. Whelan): Application for, as the principal
claim, annulment of the Commission’s decision 2001/146/EC
of 20 September 2000 relating to a proceeding under
Article 81 EC (Case COMP/36.653 — Opel) (OJ 2001 L 59,
p. 1) or, in the alternative, cancellation or reduction of the fine
imposed on the applicants by that decision., the Court of First
Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar,
has given a judgment on 21 October 2003, in which it has
ruled: