Judgment of the Court of First Instance of 30 September 2003 in Joined Cases T-191/98 and T-212/98 to T-214/98: Atlantic Container Line AB and Others v Commission of the European Communities (Competition — Liner conferences — Regulation (EEC) No 4056/86 — Block exemption — Individual exemption — Collective dominant position — Abuse — Service contracts — Accession to the conference — Alteration of the competition structure — Withdrawal of block exemption — Fines — Rights of the defence)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), common position, competition, fine, maritime transport

10.1.2004

EN

Official Journal of the European Union

C 7/29

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2003

of 30 September 2003

in Case T-65/98: Van den Bergh Foods Ltd v Commission
of the European Communities (1)

in Joined Cases T-191/98 and T-212/98 to T-214/98:
Atlantic Container Line AB and Others v Commission of
the European Communities (1)

(Action for annulment — Competition — Articles 85 and
86 of the EC Treaty (now Articles 81 EC and 82 EC) — Ice
creams intended for immediate consumption — Supply of
freezer cabinets to retailers — Exclusivity clause — Barriers
to entry to the market — Property rights — Article 222 of
the EC Treaty (now Article 295 EC))

(Competition — Liner conferences — Regulation (EEC)
No 4056/86 — Block exemption — Individual exemption —
Collective dominant position — Abuse — Service contracts
— Accession to the conference — Alteration of the compe-
tition structure — Withdrawal of block exemption — Fines
— Rights of the defence)

(2004/C 7/51)

(Language of the case: English)

(2004/C 7/52)

(Language of the case: English)

In Case T-65/98, Van den Bergh Foods Ltd, formerly HB Ice
Cream Ltd, established in Dublin (Ireland), represented by
M. Nicholson and M. Rowe, solicitors, with an address for
service in Luxembourg, v Commission of
the European
Communities (Agents: W. Wils and A. Whelan), supported
by Masterfoods Ltd, established in Dublin represented by
P.G.H. Collins, solicitor, and by Richmond Frozen Confection-
ery Ltd, formerly Treats Frozen Confectionery Ltd, established
in Northallerton (United Kingdom), represented by I.S. Forre-
ster, QC, with an address for service in Luxembourg: Appli-
cation for annulment of Commission Decision 98/531/EC of
11 March 1998 relating to a proceeding under Articles 85 and
86 of the EC Treaty (Case Nos IV/34.073, IV/34.395 and IV/
35.436 — Van den Bergh Foods Limited) (OJ 1989 L 246,
p. 1), the Court of First Instance (Fifth Chamber), composed
of: R. García-Valdecasas, President, P. Lindh and J.D. Cooke,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 23 October 2003, in which it:

1. Dismisses the application as unfounded.

2. Orders Van den Bergh Foods Ltd to bear its own costs and to
pay those of the Commission, including the costs of the interim
proceedings.

3. Orders Masterfoods Ltd and Richmond Frozen Confectionery

Ltd to bear their own costs.

(1) OJ C 234 of 25.07.1998.

In Joined Cases T-191/98 and T-212/98 to T-214/98: Atlantic
Container Line AB, established in Gothenburg (Sweden), Cho
Yang Shipping Co. Ltd, established in Seoul (South Korea),
DSR-Senator Lines GmbH, established in Bremen (Germany),
Hanjin Shipping Co. Ltd, established in Seoul (South Korea),
Hapag-Lloyd AG, established in Hamburg (Germany), Hyundai
Merchant Marine Co. Ltd, established in Seoul (South Korea),
A.P. Møller-Mærsk Line, established in Copenhagen (Denmark),
Mediterranean Shipping Co. SA, established in Geneva (Switz-
erland), Orient Overseas Container Line (UK) Ltd, established
in London (United Kingdom), Polish Ocean Lines (POL),
established in Gdynia (Poland), P & O Nedlloyd BV, established
in London (United Kingdom), Sea-Land Service Inc., established
in Jersey City, New Jersey (United States of America), Neptune
Orient Lines Ltd, established in Singapore (Singapore), Nippon
Yusen Kaisha, established in Tokyo (Japan), Transportación
Marítima Mexicana SA de CV, established in Mexico City
(Mexico), Tecomar SA de CV, established in Mexico City
(Mexico), represented by J. Pheasant, N. Bromfield, M. Levitt,
D. Waelbroeck, U. Zinsmeister, A. Bentley, C. Thomas,
A. Nourry, M. Van Kerckhove, P. Ruttley and A. Merckx,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agents: R. Lyal and
J. Flynn), supported by European Council of Transport Users
ASBL, represented by M. Clough QC, with an address for
service in Luxembourg: Application for the annulment 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) (OJ 1999 L 95, p. 1), the Court of First Instance
(Fourth Chamber), composed of: K. Lenaerts, President, J. Azizi
and M.
for the
Registrar, has given a judgment on 30 September 2003, in
which it:

J. Plingers, Administrator,

Judges;

Jaeger,

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: