Judgment of the Court of First Instance of 23 October 2003 in Case T-65/98: Van den Bergh Foods Ltd v Commission of the European Communities (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))
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, household electrical appliance, ice, retail selling

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,