Case T-210/01: Judgment of the Court of First Instance of  14 December 2005  — General Electric v Commission (Action for annulment — Competition — Commission decision declaring a concentration to be incompatible with the common market — Regulation (EEC) No 4064/89 — Aeronautical markets — Acquisition of Honeywell by General Electric — Vertical integration — Bundling — Foreclosure — Horizontal overlaps — Rights of the defence)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, dominant position, economic concentration, electrical industry

C 48/26

EN

Official Journal of the European Union

25.2.2006

Defendants: Council of the European Union (represented by: S.
Marquardt and F. Ruggeri Laderchi, Agents) and Commission
of
the European Communities (initially represented by: P.
Kuijper, E. Righini, V. Di Bucci and B. Jansen and then by: P.
Kuijper, E. Righini and V. Di Bucci, Agents)

Interveners in support of the defendant: Rolls-Royce plc (London,
United Kingdom, represented by A. Renshaw, Solicitor) and
Rockwell Collins, Inc. (Cedar Rapids, Iowa, United States, repre-
J. Davies, A. Ryan, Solicitors, and P.
sented by T. Soames,
Camesasca, lawyer)

Application for

Application for

compensation in respect of the damage allegedly caused by the
levying by the United States of America of increased customs
duty on the applicants' imports of spectacle cases, as authorised
by the Dispute Settlement Body of the World Trade Organisa-
tion (WTO), following a finding that the Community regime
governing the import of bananas was incompatible with the
agreements and understandings annexed to the Agreement
establishing the WTO

Operative part of the judgment

The Court:

1. Dismisses the action;

the annulment of Commission Decision 2004/134/EC of 3 July
2001 declaring a concentration to be incompatible with the
common market and the EEA Agreement (Case No COMP/
M.2220 — General Electric/Honeywell) (OJ 2004 L 48, p. 1)

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant

to bear its own costs and to pay those

incurred by the Commission and by the interveners.

2. Orders the applicants to bear their own costs and to pay those of

the Council and the Commission.

(1) OJ C 331 of 24. 11. 2001.

(1) OJ C 275, 29.9.2001.

Judgment of the Court of First Instance of 14 December
2005 — Honeywell International Inc. v Commission of
the European Communities

(Case T-209/01) (1)

(Action for annulment — Competition — Commission deci-
sion declaring a concentration to be incompatible with the
common market — Regulation (EEC) No 4064/89 — Ineffec-
tiveness of a partial challenge to the decision — Aeronautical
markets — Action that cannot lead to annulment of the deci-
sion)

(2006/C 48/48)

Language of the case: English

Parties

Applicant: Honeywell International Inc. (Morristown, New Jersey
(United States)) (represented by: K. Lasok QC and F. Depoor-
tere, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: R. Lyal, P. Hellström and F. Siredey-Garnier, acting
as Agents)

Judgment of the Court of First Instance of 14 December
2005 — General Electric v Commission

(Case T-210/01) (1)

(Action for annulment — Competition — Commission deci-
sion declaring a concentration to be incompatible with the
common market — Regulation (EEC) No 4064/89 — Aero-
nautical markets — Acquisition of Honeywell by General
Electric — Vertical integration — Bundling — Foreclosure —
Horizontal overlaps — Rights of the defence)

(2006/C 48/49)

Language of the case: English

Parties

Applicant: General Electric Company (Fairfield, Connecticut
(United States)) (represented by: N. Green QC, C. Booth QC, J.
Simor, K. Bacon, Barristers, S. Baxter, Solicitor, L. Vogel and J.
Vogel, lawyers, and, initially, by M. Van Kerckhove, lawyer, and
subsequently by J. O'Leary, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: R. Lyal, P. Hellström and F. Siredey-Garnier, Agents)

Intervener(s) in support of the defendant: Rolls-Royce plc (London
(United Kingdom)) (represented by: A. Renshaw, Solicitor) and
by Rockwell Collins, Inc. (Cedar Rapids, Iowa (United States))
(represented by: T.
and A. Ryan,
Solicitors, and P.D. Camesasca, lawyer)

J. Davies

Soames,

25.2.2006

EN

Official Journal of the European Union

C 48/27

Application for

the annulment of Commission Decision 2004/134/EC of 3 July
2001 declaring a concentration to be incompatible with the
common market and the EEA Agreement (Case No COMP/
M.2220 — General Electric/Honeywell) (OJ 2004 L 48, p. 1),

2) Orders the Commission to pay the costs, including those relating

to the appeal proceedings before the Court of Justice.

(1) OJ C 169 of 13. 07. 2002.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant

to bear its own costs and to pay those

incurred by the Commission and by the interveners.

Judgment of the Court of First Instance of 13 December
2005 — Cwik v Commission

(1) OJ C 331, 24.11.2001.

Judgment of the Court of First Instance of 14 December
2005 — Greencore Group plc v Commission of the Euro-
pean Communities

(Case T-135/02) (1)

(Compliance with a judgment of the Court of First Instance
— Reduction of the fine imposed on the applicant — Failure
then refusal of the Commission to pay interest on the sum
refunded — Action for annulment — Principle of legal
certainty)

Parties

(Joined Cases T-155/03, T-157/03 and T-331/03) (1)

(Officials — Staff report — Promotion exercises 1995/1997,
1997/1999 and 1999/2001 — Actions for annulment —
Drawing-up successive staff reports at the same time —
Procedural
irregularities — Lateness — Personal file —
Manifest error of assessment — Misuse of powers — Incon-
sistency of the statement of reasons — Compensation for
suffered — Material damage — Non-material
damage

damage)

(2006/C 48/51)

Language of the case: French

(2006/C 48/50)

Language of the case: English

Parties

Applicant: Michael Cwik (Tervuren, Belgium) (represented by: N.
Lhoëst and E. de Schietere de Lophem, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and L. Lozano Palacios, Agents)

Applicant: Greencore Group plc (Dublin, Ireland) (represented
by: A. Böhlke, lawyer)

Application for

Defendant: Commission of the European Communities (repre-
sented by: initially K. Wiedner, subsequently by P. Oliver and
A. Nijenhuis, and finally by A. Nijenhuis and M. Wilderspin,
acting as Agents)

Application for

annulment of the decision of 11 February 2002 by which the
Commission refused to grant the applicant's request for default
interest to be paid to its subsidiary Irish Sugar plc on the prin-
cipal sum repaid to the latter to comply with a judgment of the
Court of First Instance

Operative part of the judgment

The Court:

1) Annuls the decision of 11 February 2002, by which the Commis-
sion refused to grant the applicant's request for default interest to
be paid to its subsidiary Irish Sugar plc on the principal sum
repaid to the latter to comply with a judgment of the Court of
First Instance;

Firstly, annulment of the Commission decisions drawing-up the
definitive version of the applicant's staff reports for the periods
running from 1 July 1995 to 30 June 1997, from 1 July 1997
to 30 June 1999 and from 1 July 1999 to 30 June 2001 and,
so far as necessary, the Commission decisions rejecting the
applicant's complaints as to those reports, and, secondly,
compensation for
the material and non-material damage
alleged.

Operative part of the judgment

The Court:

1. Annuls

the Commission decisions drawing-up the definitive
version of the applicant's staff reports for the periods 1995/1997
and 1997/1999 and the Commission decisions rejecting the
applicant's complaints as to those staff reports;

2. Orders

the Commission to pay the applicant

the

sum of

EUR 2 000 by way of damages;