Judgment of the Court of First Instance of 14 October 2004 in Case T-61/02: Commerzbank 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, Germany, action for annulment (EU), bank, bank charges, competition law, fine

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:

18.12.2004

EN

Official Journal of the European Union

C 314/15

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
in so far as it
exchanging euro-zone currencies — Germany)
concerns the applicant;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 October 2004

2. Orders the Commission to pay the costs.

in Case T-144/02: Richard J. Eagle and Others v Commis-
sion of the European Communities (1)

(1) OJ C 109 of 4.5.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-137/02: Pollmeier Malchow GmbH & Co. KG v
Commission of the European Communities (1)

(State aid — Action for annulment — Recommendation
96/280/EC — Meaning of small and medium-sized enter-
prises (SMEs))

(2004/C 314/38)

(Language of the case: German)

In Case T-137/02: Pollmeier Malchow GmbH & Co. KG, estab-
lished in Malchow (Germany), represented by S. Völcker and
lawyers, against Commission of the European
J. Heithecker,
Communities (Agents: V. Kreuschitz and V. Di Bucci, and M.
Núñez-Müller) — action for annulment of Commission Deci-
sion 2002/821/EC of 15 January 2002 on the State aid imple-
mented by Germany for Pollmeier GmbH, Malchow (OJ 2002
L 296, p. 20) — the Court of First Instance (Fourth Chamber,
Extended Composition), composed of H. Legal, President, V.
Tiili, A.W.H. Meij, M. Vilaras and N.J. Forwood, Judges; D.
Christensen, Administrator, for the Registrar, has given a judg-
ment on 14 October 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 169 of 13.07.2002.

(Staff employed at the JET Joint Undertaking — Equal treat-
ment — Failure to confer status of temporary servant —
Article 152 EA — Reasonable time — Material damage
sustained)

(2004/C 314/39)

(Language of the case: English)

In Case T-144/02: Richard J. Eagle, residing in Oxfordshire
(United Kingdom), and the 12 applicants whose names appear
in the annex,
represented by D. Beard, Barrister, against
Commission of the European Communities (Agents: J. Currall
and L. Escobar Guerrero, with an address for service in Luxem-
bourg), supported by Council of the European Union (Agents:
J.-P. Hix and A. Pilette) — application for damages for the
material loss sustained as a result of the failure to recruit the
applicants as temporary servants of the Communities during
the time they worked at the Joint European Torus (JET) Joint
Undertaking — the Court of First Instance (First Chamber),
composed of B. Vesterdorf, President, M. Jaeger and H. Legal,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 5 October 2004, in which it:

1. Orders the Commission to pay damages for the financial

loss
sustained by each of the applicants as a result of the fact that they
were not recruited as temporary servants of
the Communities
during the time they worked at the Joint European Torus (JET)
Joint Undertaking;

2. Orders the parties to produce to the Court of First Instance within
six months of this judgment an agreement on the quantum of
damages due in reparation of the said loss;

3. In the absence of agreement orders the parties to put before the
Court of First Instance within the same period their submissions
on the quantum of damages;

4. Reserves the costs.

(1) OJ C 169 of 13.7.2002.