Judgment of the Court of First Instance of 13 January 2004 in Case T-67/01: JCB Service v Commission of the European Communities (Competition — Article 81 EC — Distribution agreements)
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), exclusive distribution agreement, mechanical engineering, restriction on competition

3.4.2004

EN

Official Journal of the European Union

C 85/23

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 December 2003

of 13 January 2004

in Case T-306/00: Conserve Italia Soc. coop. rl v Com-
mission of the European Communities (1)

(Agriculture — EAGGF — Reduction of financial aid —
Statement of reasons — Error of assessment — Principle of
proportionality)

(2004/C 85/43)

(Language of the case: Italian)

In case T-306/00: Conserve Italia Soc. coop. rl, established in
San Lazzaro di Savena (Italy), represented by M. Averani,
A. Pisaneschi and S. Zunarelli, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: L. Visaggio and M. Moretto) — appli-
cation for annulment of Commission Decision C(2000) 1752
of 11 July 2000 reducing aid from the Guidance Section of the
EAGGF for Project No 88.41.IT.002.0 entitled ‘Technical
modernisation of an establishment processing products in the
fruit and vegetable sector at Alseno (Piacenza)’ — the Court
of First Instance (Fifth Chamber), composed of: R. García-
Valdecasas, President, P. Lindh and J. D. Cooke,
Judges,
J. Plingers, Administrator, acting for the Registrar, has given a
judgment on 11 December 2003, in which it:

1. Annuls Commission Decision C(2000) 1752 of 11 July 2000
reducing aid from the Guidance Section of the EAGGF for
Project No 88.41.IT.002.0, entitled ‘Technical modernisation
of an establishment processing products in the fruit and
vegetable sector at Alseno (Piacenza)’;

in Case T-67/01:

JCB Service v Commission of the

European Communities (1)

(Competition — Article 81 EC — Distribution agreements)

(2004/C 85/44)

(Language of the case: English)

In Case T-67/01, JCB Service, established in Rocester, Stafford-
shire (United Kingdom), represented by R. Fowler QC, R. And-
erson, barrister, L. Carstensen, solicitor, and initially by
M. Israel, and, subsequently, by S. Smith, solicitors, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: A. Whelan and S. Rating):
Application as a principal claim, for annulment of Commission
Decision 2002/190/EC of 21 December 2000 relating to a
proceeding under Article 81 of the EC Treaty (Case COMP.F.1/
35.918 — JCB) (OJ 2002 L 69, p. 1), and, in the alternative,
for partial annulment of that decision and corresponding
reduction of the fine imposed on JCB Service, the Court of
First Instance (First Chamber), composed of: B. Vesterdorf,
President, J. Azizi and H. Legal, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 13 January
2004, in which it:

1. Annuls Article 1(c), (d) and (e) and Article 3(d) and (e) of
Commission Decision 2002/190/EC of 21 December 2000
relating to a proceeding under Article 81 of the EC Treaty
(Case COMP.F.1/35.918 — JCB);

2.

Reduces the amount of the fine imposed on the applicant by
Article 4 of Decision 2002/190 to EUR 30 million;

3. Declares that there is no need to adjudicate on the claims
seeking the production of certain documents on the court file
declared non accessible during the administrative procedure;

2. Orders the Commission to bear its own costs and to pay four

4. Dismisses the remainder of the application;

fifths of those incurred by the applicant;

3. Orders the applicant to bear one fifth of its own costs.

5. Orders the applicant to bear three quarters of its own costs;

6. Orders the Commission to bear its own costs and a quarter of

the costs incurred by the applicant.

(1) OJ C 355 of 9.12.2000.

(1) OJ C 186 of 30.06.2001.