CELEX: C1995/208/47
Language: en
Date: 1995-08-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 June 1995 in Case T-36/91: Imperial Chemical Industries plc v. Commission of the European Communities (Competition P Concerted practice P Presumption of innocence P Administrative procedure P Rights of the defence P Equality of arms P Access to the file)

No C 208/22              EN                    Official Journal of the European Communities                                    12 . 8 . 95
JUDGMENT OF THE COURT OF FIRST INSTANCE                                   members of the Bar of England and Wales, instructed by
                          of 29 June 1995                                 Victor O. White and Richard J. Coles, Solicitors, with an
                                                                          address for service in Luxembourg at the Chambers of
in Case T-36/91 : Imperial Chemical Industries pic v.                     Lambert H. Dupong, 14a Rue des Bains, v. Commission of
         Commission of the European Communities ( l )                     the European Communities ( Agents : Julian Currall and
(Competition — Concerted practice — Presumption of                        Nicholas Forwood QC ) — application for the annulment of
innocence — Administrative procedure — Rights of the                      Commission Decision 91 /300/EEC of 19 December 1990
       defence — Equality of arms — Access to the file)                   relating to a proceeding under Article 86 of the EEC Treaty
                             ( 95/C 208/47 )                              ( IV/33 . 133-D : Soda-ash — ICI ) ( 2 ), the Court of First
                                                                          Instance ( First Chamber sitting in extended composition ),
                                                                          composed of: J. L. Cruz Vilaça, President, and D. P. M.
                 (Language of the case: English)                          Barrington, A. Saggio , H. Kirschner and A. Kalogeropoulos,
                                                                          Judges, H. Jung, Registrar, has given a judgment on 29 June
In Case T-36/91 : Imperial Chemical Industries pic,                       1995 , in which it:
established in London, represented by David Vaughan QC,
Gerald Barling QC and David Anderson, Barrister,                          1 . annuls Commission Decision 91 /300/EEC of
members of the Bar of England and Wales , instructed by                         19 December 1990 relating to a proceeding under
Victor O. White and Richard J. Coles, Solicitors, with an                      Article 86 ofthe EEC Treaty (IV/33 . 133-D : Soda-ash —
address for service in Luxembourg at the Chambers of                           ICI);
Lambert H. Dupong, 14a Rue des Bains, v. Commission of
the European Communities ( Agents : Julian Currall and                    2 . orders the Commission to pay the costs.
Nicholas Forwood QC ) — application for the annulment of
Commission Decision 91 /297/EEC of 19 December 1990
relating to a proceeding under Article 85 of the EEC Treaty               (>) OJ No C 165 , 25 . 6 . 1991 .
 ( IV/33 . 133-A: Soda-ash — Solvay, ICI ) ( 2), the Court of             C-) OJ No L 152 , 15 . 6 . 1991 , p . 40 .
First Instance ( first Chamber sitting in extended
composition ), composed of: J. L. Cruz Vilaça , President,
 and D. P. M. Barrington , A. Saggio, H. Kirschner and A.
 Kalogeropoulos, Judges, H. Jung, Registrar, has given a
 judgment on 29 June 1995 , in which it:
 1 . annuls Commission Decision 91 /297/EEC of
       19 December 1990 relating to a proceeding under                     JUDGMENT OF THE COURT OF FIRST INSTANCE
       Article 85 of the EEC Treaty (IV/33 . 133 : Soda-ash —                                       of 6 July 1995
       Solvay, ICI) in so far as it concerns the applicant;                in Joined Cases T-447/93 , T-448/93 and T-449/93 :
                                                                           Associazione Italiana Tecnico Economica del Cemento and
 2 . orders the Commission to pay the costs.                                 Others v. Commission of the European Communities ( 1 )
                                                                           (State aid — Remedying of a serious disturbance in the
 (') OJ No C 165 , 25 . 6 . 1991 .                                         economy of a Member State — Authorization of a general
 ( 2 ) OJ No L 152 , 15 . 6 . 1991 , p . 1 .                               scheme — Conditional on notification ofindividual cases —
                                                                           Examination of the Community context in relation to
                                                                                     individual cases — Economic assessment)
                                                                                                     ( 95/C 208/49 )
                                                                                    (Languages of the case: English and French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 29 June 1995
  in Case T-37/91 Imperial Chemical Industries pic v.                      In Joined Cases T-447/93 Associazione Italiana Tecnico
          Commission of the European Communities ( l )                     Economica del Cemento , established in Rome, represented
                                                                            by Wilma Viscardini Dona, of the Padua Bar, and Eric
  (Competition — Abuse of a dominant position —                            Morgan de Rivery, of the Paris Bar, with an address for
  Administrative procedure — Rights of the defence —                        service in Luxembourg at the Chambers of Alex Schmitt, 62
  Equality ofarms — Access to the file — Commission 's Rules               Avenue Guillaume; T-448/93 British Cement Association,
  ofProcedure — Authentication ofa decision adopted by the                 established at Wexham Springs (United Kingdom ), Blue
                    college of Commissioners)                               Circle Industries pic, established in London, Castle Cement
                               ( 95/C 208/48 )                              Ltd , established at Peterborough ( United Kingdom ), and
                                                                           The Rugby Group pic, established at Rugby (United
                                                                            Kingdom ), represented by Nicholas Forwood QC and Mark
                  (Language of the case: English)                           Clough, Barrister, of the Bar of England and Wales,
                                                                            instructed by Robert Tudway and Dorcas Rogers,
  In Case T-37/91 : Imperial Chemical Industries pic,                       Solicitors, with an address for service in Luxembourg at the
  established in London, represented by David Vaughan QC,                   Chambers of Arendt & Medernach, 8— 10 Rue Mathias
  Gerald Barling QC and David Anderson, Barrister,                          Hardt; and T-449/93 Titan Cement Company SA,