Judgment of the Court of First Instance of 11 December 2003 in Case T-61/99: Adriatica di Navigazione SpA v Commission of the European Communities (Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Definition of the relevant market — Statement of reasons — Price-fixing agreement — Proof of participation in the agreement — Proof that a participant distanced himself from the agreement — Principle of non-discrimination — Fines — Criteria for assessment)
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, fixing of prices, maritime transport, price agreement, restrictive trade practice

C 85/22

EN

Official Journal of the European Union

3.4.2004

COURT OF FIRST INSTANCE

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-61/99: Adriatica di Navigazione SpA v Com-
mission of the European Communities (1)

in Case T-158/99: Thermenhotel Stoiser Franz Gesell-
schaft mbH & Co. KG and Others v Commission of the
European Communities (1)

(Competition — Article 85(1) of the EC Treaty (now
Article 81(1) EC) — Definition of the relevant market —
Statement of reasons — Price-fixing agreement — Proof of
participation in the agreement — Proof that a participant
distanced himself from the agreement — Principle of non-
discrimination — Fines — Criteria for assessment)

(State aid — Aid for regional purposes — Validity of
lawyer’s signature on the application — Standing — State-
ment of reasons — Compatibility with the common market
— Prohibition of discrimination — Right of establishment
of the national competitors of the aid recipient — Protection
of the environment — Misuse of powers)

(2004/C 85/41)

(2004/C 85/42)

(Language of the case: Italian)

(Language of the case: German)

In case T-61/99: Adriatica di Navigazione SpA, established in
Venice (Italy), represented by U. Feraro, M. Siragusa and
F. M. Moretti, lawyers, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: R. Lyal and L. Pignataro) — application for annulment
of Commission Decision 1999/271/EC of 9 December 1998
relating to a proceeding pursuant to Article 85 of the EC
Treaty (IV/34.466 — Greek Ferries) (OJ 1999 L 109, p. 24) —
the Court of First Instance (Fifth Chamber), composed of
J. D. Cooke, President, R. García-Valdecasas and P. Lindh,
Judges; J. Plingers, Administrator, acting for the Registrar, has
given a judgment on 11 December 2003, in which it:

1.

Sets the fine imposed on Adriatica di Navigazione SpA at
EUR 245 000;

In Case T-158/99, Thermenhotel Stoiser Franz Gesellschaft
mbH & Co. KG, VierJahreszeiten Hotel-Betriebsgesellschaft
mbH & Co. KG, Thermenhotel Kowald, Thermalhotel Leitner
GesmbH, established in Loipersdorf
(Austria), represented
by G. Eisenberger,
lawyer, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: V. Kreuschitz and J. Macdonald Flett), supported
by Republic of Austria (Agents: W. Okresek, H. Dossi,
C. Pesendorfer and T. Kramler): Application for annulment of
Commission Decision SG(99) D/1523 of 3 February 1999
declaring State aid in connection with a hotel project in
Loipersdorf (Austria) compatible with the common market, the
Court of First Instance (First Chamber, Extended Composition),
composed of: B. Vesterdorf, President, J. Azizi, M. Jaeger,
H. Legal and M. E. Martins Ribeiro, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
13 January 2004, in which it:

2. Dismisses the remainder of the application;

1. Dismisses the application;

3. Orders Adriatica di Navigazione SpA to bear its own costs and
to pay three quarters of those incurred by the Commission and
orders the Commission to bear one quarter of its own costs.

2. Orders the applicants to pay the Commission’s costs;

3. Orders the Republic of Austria to bear its own costs.

(1) OJ C 160 of 5.6.1999.

(1) OJ C 299 of 16.10.1999.