CELEX: C2002/191/19
Language: en
Date: 2002-08-10 00:00:00
Title: Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-217/00 P: Buzzi Unicem SpA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly inadmissible and in part manifestly unfounded)

10.8.2002                EN                       Official Journal of the European Communities                                           C 191/11
1.    The first and fourth grounds of appeal are dismissed as                1.    The fourth, fifth and sixth grounds of appeal are dismissed in
      manifestly unfounded.                                                        their entirety as manifestly unfounded.
2.    Costs are reserved.                                                    2.    Costs are reserved.
(1) OJ C 247 of 26.8.2000.                                                   (1) OJ C 247 of 26.8.2000.
                     ORDER OF THE COURT
                                                                                                   ORDER OF THE COURT
                           (Fifth Chamber)
                                                                                                         (Fifth Chamber)
                            of 5 June 2002
                                                                                                          of 5 June 2002
in Case C-213/00 P: Italcementi — Fabbriche Riunite
Cemento SpA v Commission of the European Communi-                            in Case C-217/00 P: Buzzi Unicem SpA v Commission of
                                 ties (1)                                                      the European Communities (1)
(Appeals — Competition — Cement — Article 85(1) of the                       (Appeals — Competition — Cement — Article 85(1) of the
EC Treaty (now, Article 81(1) EC) — Appeal in part                           EC Treaty (now, Article 81(1) EC) — Appeal in part
                       manifestly unfounded)                                  manifestly inadmissible and in part manifestly unfounded)
                           (2002/C 191/18)
                                                                                                         (2002/C 191/19)
                     (Language of the case: Italian)
                                                                                                   (Language of the case: Italian)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-219/00 P: Italcementi — Fabbriche Riunite Cemento
SpA, established in Bergamo, Italy, represented by A. Predieri,              In Case C-217/00 P: Buzzi Unicem SpA, formerly Unicem
M. Siragusa, M. Beretta, C. Lanciani and F. M. Moretti, lawyers              SpA, established in Casale Monferrato (Italy), represented by
— appeal against the judgment of the Court of First Instance                 C. Osti and A. Prastaro, lawyers — appeal against the judgment
of the European Communities, Fourth Chamber, Extended                        of the Court of First Instance of the European Communities,
Composition, of 15 March 2000 in Joined Cases T-25/95,                       Fourth Chamber, Extended Composition, of 15 March 2000
T-36/95, T-30/95 to T-32/95, T-34/95 to T-39/95, T-42/95                     in Joined Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/
to T-46/95, T-48/95, T-50/95 to T-65/95, T-68/95 to T-71/                    95 to T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to
95, T-87/95 to T-88/95 and T-103/95 to T-104/95 Cimente-                     T-65/95, T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/
ries CBR and Others v Commission [2000] ECR II-491, seeking                  95 to T-104/95 Cimenteries CBR and Others v Commission
to have that judgment set aside, the other party to the                      [2000] ECR II-491, seeking to have that judgment set aside,
proceedings being Commission of the European Communities                     the other party to the proceedings being Commission of the
(Agents: R. Lyal, assisted by A. Dal Ferro) — the Court (Fifth               European Communities (Agents: R. Lyal, assisted by A. Dal
Chamber), composed of P. Jann, Presidents of the Chamber,                    Ferro) — the Court (Fifth Chamber), composed of P. Jann,
D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and                   Presidents of the Chamber, D.A.O. Edward (Rapporteur), A. La
A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                  Pergola, M. Wathelet and A. Rosas, Judges; D. Ruiz-Jarabo
R. Grass, Registrar, made an order on 5 June 2002, the                       Colomer, Advocate General; R. Grass, Registrar, made an order
operative part of which is as follows:                                       on 5 June 2002, the operative part of which is as follows:
 ---pagebreak--- C 191/12                 EN                       Official Journal of the European Communities                                          10.8.2002
1.    The following are dismissed as manifestly inadmissible and/or          P.C. Gaito, lawyers — appeal against the judgment of the
      manifestly unfounded:                                                  Court of First Instance of the European Communities, Fourth
                                                                             Chamber, Extended Composition, of 15 March 2000 in Joined
      —     second ground of appeal, second to fifth parts;                  Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
                                                                             T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
      —     third ground of appeal;                                          T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
                                                                             T-104/95 Cimenteries CBR v Commission [2000] ECR II-491,
      —     sixth ground of appeal;                                          seeking to have that judgment set aside, the other party to the
                                                                             proceedings being Commission of the European Communities
      —     eighth ground of appeal;                                         (Agents: R. Lyal, assisted by A. Dal Ferro) — the Court,
                                                                             composed of P. Jann, Presidents of the Chamber,
      —     ninth ground of appeal, first part;                              D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and
                                                                             A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                             R. Grass, Registrar, made an order on 5 June 2002, the
      —     eleventh ground of appeal, first, second, fourth and fifth
                                                                             operative part of which is as follows:
            parts;
      —     sixteenth ground of appeal;                                      1.    The fourth and fifth parts of the sixth ground of appeal are
                                                                                   dismissed as manifestly unfounded.
      —     seventeenth ground of appeal;
                                                                             2.    Costs are reserved.
      —     nineteenth ground of appeal;
      —     twentieth ground of appeal, and                                  (1) OJ C 247 of 26.8.2000.
      —     twentieth and twenty-first grounds of appeal.
2.    Costs are reserved.
(1) OJ C 247 of 26.8.2000.
                                                                                                  ORDER OF THE COURT
                                                                                                      (Second Chamber)
                     ORDER OF THE COURT                                                                 of 30 May 2002
                           (Fifth Chamber)                                   in Case C-358/00 (Reference for a preliminary ruling
                                                                             from the Oberlandesgericht Düsseldorf): Buchhändler-
                            of 5 June 2002                                   Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die
                                                                                                   Deutsche Bibliothek (1)
in Case C-219/00 P: Cementir — Cementerie del Tirreno
    SpA v Commission of the European Communities (1)                         (Article 104(3) of the Rules of Procedure — Public service
                                                                             contracts — Directive 92/50/EEC — Public service con-
(Appeals — Competition — Cement — Article 85(1) of the                                                      cession)
EC Treaty (now, Article 81(1) EC) — Appeal in part
                       manifestly unfounded)                                                            (2002/C 191/21)
                           (2002/C 191/20)
                                                                                                (Language of the case: German)
                     (Language of the case: Italian)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-358/00: Reference to the Court under Article 234 EC
In Case C-219/00 P: Cementir — Cementerie del Tirreno                        by the Oberlandesgericht Düsseldorf (Germany) for a prelimi-
SpA, established in Rome, represented by G.M. Roberti and                    nary ruling in the proceedings pending before that court