CELEX: C1999/246/45
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of First Instance of 19 May 1999 in Case T-175/95: BASF Coatings AG v Commission of the European Communities (Competition - Article 81(1) EC (ex Article 85(1)) - Exclusive distribution agreement - Parallel imports)

28.8.1999             EN                     Official Journal of the European Communities                                       C 246/23
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                             an address for service in Luxembourg at the Chambers of
                                                                        Loesch and Wolters, 11 Rue Goethe v Commission of the
                        of 19 May 1999                                  European Communities (Agents: initially Bernd Langeheine
                                                                        and Heinz-Joachim Freund, and subsequently Wouter Wils
                                                                        and Heinz-Joachim Freund) — application for the annulment
in Case T-175/95: BASF Coatings AG v Commission of                      of Commission Decision 95/477/EC of 12 July 1995 relating
                the European Communities (1)                            to a proceeding pursuant to Article 85 of the EC Treaty (Case
                                                                        IV/33.802 — BASF Lacke + Farben AG, and Accinauto SA)
(Competition — Article 81(1) EC (ex Article 85(1)) —                    (OJ 1995 L 272, p. 16) — the Court (First Chamber), composed
     Exclusive distribution agreement — Parallel imports)               of: B. Vesterdorf, President, R.M. Moura Ramos and P. Mengoz-
                                                                        zi, Judges; J. Palacio González, Administrator, for the Registrar,
                        (1999/C 246/45)                                 has given a judgment on 19 May 1999, in which it:
                                                                        1. Dismisses the application;
                  (Language of the case: German)
                                                                        2. Orders the applicant to pay the costs.
In Case T-175/95: BASF Coatings AG (formerly BASF Lack
und Farben AG), with its registered office in Münster-Hiltrup
(Germany), represented by Ferdinand Hermanns, Rechtsan-                 (1) OJ C 315 of 25.11.1995.
walt, Düsseldorf, with an address for service in Luxembourg at
the Chambers of Loesch and Wolter, 11 Rue Goethe, against
the Commission of the European Communities (Agents:
initially Bernd Langeheine and Heinz-Joachim Freund and
subsequently by Wouter Wils and Hans-Joachim Freund)
— application for the annulment of Commission Decision
95/477/EC of 12 July 1995 relating to a proceeding pursuant
to Article 85 of the EC Treaty (Case IV/33.802 — BASF Lacke
                                                                            JUDGMENT OF THE COURT OF FIRST INSTANCE
+ Farben AG, and Accinauto SA) (OJ 1995 L 272, p. 16) —
the Court of First Instance (First Chamber), composed of B.
Vesterdorf, President, R.M. Moura Ramos, and P. Mengozzi,                                        of 19 May 1999
Judges; J. Palacio González, Administrator, for the Registrar,
has given a judgment on 19 May 1999, in which it:
                                                                        in Case T-203/95: Bernard Connolly v Commission of the
1. Dismisses the application;                                                               European Communities (1)
2. Orders the applicant to pay the costs.                               (Officials — Article 88 of the Staff Regulations — Suspen-
                                                                        sion — Admissibility — Statement of reasons — Alleged
                                                                        fault — Infringement of Articles 11, 12 and 17 of the Staff
(1) OJ C 315 of 25.11.1995.
                                                                                         Regulations — Equal treatment)
                                                                                                 (1999/C 246/47)
                                                                                            (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                        In Case T-203/95: Bernard Connolly, a former official of
                        of 19 May 1999                                  the Commission of the European Communities, residing in
                                                                        Everberg (Belgium), represented by Jacques Sambon and
in Case T-176/95: Accinauto SA v Commission of the                      Pierre-Paul Van Gehuchten, of the Brussels Bar, with an address
                  European Communities (1)                              for service in Luxembourg at the Chambers of Louis Schiltz, 2
                                                                        Rue du Fort Rheinsheim, against Commission of the European
                                                                        Communities (Agents: Gianluigi Valsesia and Julian Currall) —
(Competition — Article 81(1) EC (ex-Article 85(1)) —                    application for annulment of the decision of 27 September
     Exclusive distribution agreement — Parallel imports)               1995 by which the appointing authority decided to suspend
                                                                        the applicant from his duties and to withhold half of his basic
                        (1999/C 246/46)                                 salary with effect from 3 October 1995 — the Court of First
                                                                        Instance (First Chamber), composed of B. Vesterdorf, President,
                                                                        J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar, has given
                  (Language of the case: German)                        a judgment on 19 May 1999, the operative part of which is as
                                                                        follows:
In Case T-176/95: Accinauto SA, established in Brussels,
represented by Helmut Glassen, Rechtsanwalt, Leimen, with               1. The application is dismissed;