Judgment of the Court of First Instance of 18 July 2005 in Case T-241/01, Scandinavian Airlines System AB v Commission of the European Communities (Competition — Cartel — Air transport — Regulation (EEC) No 3975/87 — Notified agreements — Cooperation beyond the scope of the notification — Market-sharing — Fine — Guidelines for the calculation of fines — Seriousness of the infringement — Notice on the non-imposition or reduction of fines — Attenuating circumstances — Unlimited jurisdiction)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, Northern Europe, air transport, appeal to the Court (EU), competition law, fine

C 229/12

EN

Official Journal of the European Union

17.9.2005

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

above the rate set by the European Central Bank for its main refi-
nancing operations as applicable during the period in question;

of 13 July 2005

in Case T-260/97 Camar Srl v Council of the European
Union and Commission of the European Communities (1)

(Common organisation of the markets — Bananas — Import
arrangements — Non-contractual liability of the Community
— Assessment of loss)

(2005/C 229/23)

4. Orders the Commission to pay 90 % of the costs of the stage in
the present proceedings which follows the judgment of the Court of
First Instance in Joined Cases T-79/96, T-260/97 and T-117/
98 Camar and Tico v Commission and Council [2000] ECR II-
2193;

5. Orders the Council to pay 10 % of the costs of the stage in the
present proceedings which follows the judgment of the Court of
First Instance in Joined Cases T-79/96, T-260/97 and T-117/
98 Camar and Tico v Commission and Council [2000] ECR II-
2193;

(Language of the case: Italian)

6. Orders the French Republic to bear its own costs.

(1) OJ C 357 of 22.11.1997.

In Case T-260/97: Camar Srl, established in Florence (Italy),
represented by W. Viscardini Donà, M. Paolin and S. Donà,
lawyers, with an address for service in Luxembourg, against the
Council of the European Union (Agents: initially J.P. Hix and
A. Tanca, subsequently J.P. Hix and F. Ruggeri Laderchi, with
an address for service in Luxembourg) and the Commission of
the European Communities (Agents:
initially H. van Vliet,
subsequently C. Van der Hauwaert and L. Visaggio, and A. Dal
Ferro,
lawyer, with an address for service in Luxembourg),
supported by the French Republic (Agents: K. Rispal-Bellanger
and C. Vasak, with an address for service in Luxembourg) —
action to determine the amount of damages which the
Commission was ordered to pay the applicant following the
annulment, by interlocutory judgment of the Court of First
Instance in Joined Cases T-79/96, T-260/97 and T-117/98
Camar and Tico v Commission and Council [2000] ECR II-2193,
of the Commission's decision of 17 July 1997 rejecting the
application by the applicant for transitional measures under
Article 30 of Council Regulation (EEC) No 404/93 of
13 February 1993 on the common organisation of the market
in bananas (OJ 1993 L 47, p. 1) — the Court of First Instance
(Fourth Chamber), composed of H. Legal, President, P. Mengozzi
and I. Wiszniewska-Białecka, Judges; J. Palacio González, Prin-
cipal Administrator, for the Registrar, gave a judgment on 13
July 2005, in which it:

1. Orders the Commission to pay the applicant compensation in the

amount of EUR 5 024 192;

2. Orders that that compensation figure be revalued in accordance
with the criteria laid down in paragraphs 139 to 141 and 145
of this judgment;

3. Orders that default interest from the date of delivery of this judg-
ment until payment in full be added to the compensation figure,
as revalued. The interest rate to be applied shall be two points

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 July 2005

in Case T-241/01, Scandinavian Airlines System AB v
Commission of the European Communities (1)

(Competition — Cartel — Air transport — Regulation (EEC)
No 3975/87 — Notified agreements — Cooperation beyond
the scope of the notification — Market-sharing — Fine —
Guidelines for the calculation of fines — Seriousness of the
infringement — Notice on the non-imposition or reduction of
fines — Attenuating circumstances — Unlimited jurisdic-
tion)

(2005/C 229/24)

(Language of the case: English)

In Case T-241/01: Scandinavian Airlines System AB, established
in Stockholm (Sweden), represented by M. Kofmann, lawyer,
with an address for service in Luxembourg, against Commis-
sion of the European Communities (Agents: P. Oliver and W.
Wils, with an address for service in Luxembourg) — application

17.9.2005

EN

Official Journal of the European Union

C 229/13

for
annulment of Article 2 of Commission Decision
2001/716/EC of 18 July 2001 relating to a proceeding
pursuant to Article 81 EC and Article 53 EEA (COMP.D.2
37.444 — SAS/Maersk Air and COMP.D.2 37.386 — Sun-Air
versus SAS and Maersk Air) (OJ 2001 L 265, p. 15), in so far
as
at
imposed
EUR 39 375 000, and, in the alternative, an application for the
reduction of that fine — the Court of First Instance (Third
Chamber), composed of J. Azizi, President, M. Jaeger and F.
Dehousse, Judges; D. Christensen, Administrator, for the Regis-
trar, gave a judgment on 18 July 2005, in which it:

applicant

fixes

fine

the

the

on

it

Commission Decision 2002/759/EC of 5 December 2001
relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/37.800/F3 — Luxembourg Brewers) (OJ 2002 L
253, p. 21), in so far as it concerns the applicants, and, second,
principally, annulment of Article 2 of that decision in so far as
it imposes fines on the applicants and,
in the alternative, a
substantial reduction in the amount of those fines — the Court
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, N.J. Forwood and I. Pelikánová, Judges; I. Natsinas,
Administrator, for the Registrar, gave a judgment on 27 July
2005, in which it:

1. Dismisses the application;

1. Dismisses the application;

2. Orders the applicant to pay its own costs and those incurred by

2. Orders the applicant to pay the costs.

the Commission.

(1) OJ C 369, de 22.12.2001

(1) OJ C 109 of 4.05.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 July 2005

of 13 July 2005

in Joined Cases T-49/02 to T-51/02 Brassierie nationale SA
(formerly Brasseries Funck-Bricher and Bofferding) and
Others v Commission of the European Communities (1)

in Case T-242/02, The Sunrider Corp. v Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Cartels — Luxembourg beer market — Fines)

(2005/C 229/25)

(Language of the case: French)

(Community trade mark — Word mark TOP — Refusal of
registration — Article 115(4) of Regulation (EC) No 40/94
— Definition of ‘written communications’ — Infringement
of the principle that decisions must be adopted within a
reasonable time — Infringement of the rights of the defence
— Absolute grounds for refusal — Article 7(1)(b) and (c) of
Regulation No 40/94)

In Joined Cases T-49/02 to T-51/02: Brassierie nationale SA
(formerly Brasseries Funck-Bricher and Bofferding), established
in Bascharage (Luxembourg), represented by A. Carnelutti and
L. Schiltz, lawyers, with an address for service in Luxembourg,
Brasserie Jules Simon et Cie SCS, established in Wiltz (Luxem-
bourg), represented by A. Carnelutti and J. Mosar,
lawyers,
Brasserie Battin SNC, established in Esch-sur-Alzette (Luxem-
bourg), represented by A. Carnelutti and M. Santini, lawyers,
against Commission of the European Communities (Agents: W.
Wils and A. Bouquet, with an address for service in Luxem-
for annulment of Article 1 of
bourg) — application,

first,

(2005/C 229/26)

(Language of the case: Greek)

In Case T-242/02: The Sunrider Corp., established in Torrance,
California (United States), represented initially by M. Bra and
subsequently by N. Dontas, lawyers, with an address for service
in Luxembourg, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: O.
Waelbroeck and P. Geroukalos) — action brought against the