Judgment of the Court of First Instance of 14 October 2004 in Case T-56/02: Bayerische Hypo- und Vereinsbank AG v Commission of the European Communities (Competition — Article 81 EC — Price-fixing agreement and ways of charging for currency exchange services — Germany — Procedure in default)
Date: 2004-12-18
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), bank, bank charges, company law, euro, exchange transaction

C 314/14

EN

Official Journal of the European Union

18.12.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-56/02: Bayerische Hypo- und Vereinsbank AG v
Commission of the European Communities (1)

(Competition — Article 81 EC — Price-fixing agreement and
ways of charging for currency exchange services — Germany
— Procedure in default)

and by F. Wiemer,
lawyers, with an address for service in
Luxembourg, against Commission of the European Commu-
nities — application for annulment of Commission Decision
2003/25/EC of 11 December 2001 relating to a proceeding
under Article 81 of
the EC Treaty — (Case COMP/E —
1/37.919 (ex 37.391) — Bank charges for exchanging euro-
zone currencies — Germany)
(OJ 2003 L 15, p. 1) — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. García-Valdecasas and J.D. Cooke, Judges; H. Jung,
for the Registrar, has given a judgment on 14 October 2004,
in which it:

(2004/C 314/35)

(Language of the case: German)

In Case T-56/02: Bayerische Hypo- und Vereinsbank AG, estab-
lished in Munich (Germany),
represented by W. Knapp,
T. Müller-Ibold and B. Bergmann, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities — application for annulment of Commission
Decision 2003/25/EC of 11 December 2001 relating to a
proceeding under Article 81 of the EC Treaty — (Case COMP/E
— 1/37.919 (ex 37.391) — Bank charges for exchanging euro-
zone currencies — Germany)
(OJ 2003 L 15, p. 1) — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. García-Valdecasas and J.D. Cooke, Judges; H. Jung,
Registrar, has given a judgment on 14 October 2004, in which
it:

1. Annuls Commission Decision 2003/25/EC of 11 December
2001 relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
exchanging euro-zone currencies — Germany)
in so far as it
concerns the applicant;

2. Orders the Commission to pay the costs.

(1) OJ C 109 of 4.5.2002.

1. Annuls Commission Decision 2003/25/EC of 11 December
2001 relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
exchanging euro-zone currencies — Germany)
in so far as it
concerns the applicant;

2. Orders the Commission to pay the costs.

(1) OJ C 109 of 4.5.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-61/02: Commerzbank AG v Commission of the
European Communities (1)

(Competition — Article 81 EC — Price-fixing agreement and
ways of charging for currency exchange services — Germany
— Procedure in default)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2004/C 314/37)

of 14 October 2004

(Language of the case: German)

in Case T-60/02: Deutsche Verkehrsbank AG v Commis-
sion of the European Communities (1)

(Competition — Article 81 EC — Price-fixing agreement and
ways of charging for currency exchange services — Germany
— Procedure in default)

(2004/C 314/36)

(Language of the case: German)

In Case T-60/02: Deutsche Verkehrsbank AG, established in
Frankfurt am Main (Germany), represented by M. Klusmann

In Case T-61/02: Commerzbank AG, established in Frankfurt
am Main (Germany), represented by H. Satzky, lawyers, with an
address for service in Luxembourg, against Commission of the
European Communities — application for annulment of
Commission Decision 2003/25/EC of 11 December 2001
relating to a proceeding under Article 81 of the EC Treaty —
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
exchanging euro-zone currencies — Germany) (OJ 2003 L 15,
p. 1) — the Court of First Instance (Fifth Chamber), composed
of P. Lindh, President, R. García-Valdecasas and J.D. Cooke,
Judges; H. Jung, Registrar, has given a judgment on 14 October
2004, in which it: