CELEX: C2004/007/51
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 23 October 2003 in Case T-65/98: Van den Bergh Foods Ltd v Commission of the European Communities (Action for annulment — Competition — Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC) — Ice creams intended for immediate consumption — Supply of freezer cabinets to retailers — Exclusivity clause — Barriers to entry to the market — Property rights — Article 222 of the EC Treaty (now Article 295 EC))

10.1.2004               EN                         Official Journal of the European Union                                          C 7/29
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 23 October 2003                                                     of 30 September 2003
in Case T-65/98: Van den Bergh Foods Ltd v Commission                      in Joined Cases T-191/98 and T-212/98 to T-214/98:
               of the European Communities (1)                             Atlantic Container Line AB and Others v Commission of
                                                                                           the European Communities (1)
(Action for annulment — Competition — Articles 85 and
86 of the EC Treaty (now Articles 81 EC and 82 EC) — Ice                   (Competition — Liner conferences — Regulation (EEC)
creams intended for immediate consumption — Supply of                      No 4056/86 — Block exemption — Individual exemption —
freezer cabinets to retailers — Exclusivity clause — Barriers              Collective dominant position — Abuse — Service contracts
to entry to the market — Property rights — Article 222 of                  — Accession to the conference — Alteration of the compe-
              the EC Treaty (now Article 295 EC))                          tition structure — Withdrawal of block exemption — Fines
                                                                                              — Rights of the defence)
                           (2004/C 7/51)
                                                                                                    (2004/C 7/52)
                   (Language of the case: English)                                           (Language of the case: English)
In Case T-65/98, Van den Bergh Foods Ltd, formerly HB Ice                  In Joined Cases T-191/98 and T-212/98 to T-214/98: Atlantic
Cream Ltd, established in Dublin (Ireland), represented by                 Container Line AB, established in Gothenburg (Sweden), Cho
M. Nicholson and M. Rowe, solicitors, with an address for                  Yang Shipping Co. Ltd, established in Seoul (South Korea),
service in Luxembourg, v Commission of the European                        DSR-Senator Lines GmbH, established in Bremen (Germany),
Communities (Agents: W. Wils and A. Whelan), supported                     Hanjin Shipping Co. Ltd, established in Seoul (South Korea),
by Masterfoods Ltd, established in Dublin represented by                   Hapag-Lloyd AG, established in Hamburg (Germany), Hyundai
P.G.H. Collins, solicitor, and by Richmond Frozen Confection-              Merchant Marine Co. Ltd, established in Seoul (South Korea),
ery Ltd, formerly Treats Frozen Confectionery Ltd, established             A.P. Møller-Mærsk Line, established in Copenhagen (Denmark),
in Northallerton (United Kingdom), represented by I.S. Forre-              Mediterranean Shipping Co. SA, established in Geneva (Switz-
ster, QC, with an address for service in Luxembourg: Appli-                erland), Orient Overseas Container Line (UK) Ltd, established
cation for annulment of Commission Decision 98/531/EC of                   in London (United Kingdom), Polish Ocean Lines (POL),
11 March 1998 relating to a proceeding under Articles 85 and               established in Gdynia (Poland), P & O Nedlloyd BV, established
86 of the EC Treaty (Case Nos IV/34.073, IV/34.395 and IV/                 in London (United Kingdom), Sea-Land Service Inc., established
35.436 — Van den Bergh Foods Limited) (OJ 1989 L 246,                      in Jersey City, New Jersey (United States of America), Neptune
p. 1), the Court of First Instance (Fifth Chamber), composed               Orient Lines Ltd, established in Singapore (Singapore), Nippon
of: R. García-Valdecasas, President, P. Lindh and J.D. Cooke,              Yusen Kaisha, established in Tokyo (Japan), Transportación
Judges; J. Plingers, Administrator, for the Registrar, has given a         Marítima Mexicana SA de CV, established in Mexico City
judgment on 23 October 2003, in which it:                                  (Mexico), Tecomar SA de CV, established in Mexico City
                                                                           (Mexico), represented by J. Pheasant, N. Bromfield, M. Levitt,
                                                                           D. Waelbroeck, U. Zinsmeister, A. Bentley, C. Thomas,
1.    Dismisses the application as unfounded.                              A. Nourry, M. Van Kerckhove, P. Ruttley and A. Merckx,
                                                                           lawyers, with an address for service in Luxembourg, v Com-
2.    Orders Van den Bergh Foods Ltd to bear its own costs and to          mission of the European Communities (Agents: R. Lyal and
      pay those of the Commission, including the costs of the interim      J. Flynn), supported by European Council of Transport Users
      proceedings.                                                         ASBL, represented by M. Clough QC, with an address for
                                                                           service in Luxembourg: Application for the annulment of
3.    Orders Masterfoods Ltd and Richmond Frozen Confectionery             Commission Decision 1999/243/EC of 16 September 1998
      Ltd to bear their own costs.                                         relating to a proceeding pursuant to Articles 85 and 86 of the
                                                                           EC Treaty (Case No IV/35.134 — Trans-Atlantic Conference
                                                                           Agreement) (OJ 1999 L 95, p. 1), the Court of First Instance
(1) OJ C 234 of 25.07.1998.                                                (Fourth Chamber), composed of: K. Lenaerts, President, J. Azizi
                                                                           and M. Jaeger, Judges; J. Plingers, Administrator, for the
                                                                           Registrar, has given a judgment on 30 September 2003, in
                                                                           which it: