Judgment of the Court of First Instance of 27 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 (Cartels — Luxembourg beer market — Fines)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, Luxembourg, action for annulment (EU), beverage industry, exclusive distribution agreement, fine, restrictive trade practice

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