CELEX: C1996/336/59
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 8 October 1996 in Joined Cases T-24/93, T-25/93, T-26/93 and T-28/93, Compagnie Maritime Belge Transports SA and Others v. Commission of the European Communities (Competition - International maritime transport - Liner conferences - Regulation (EEC) No 4056/86 - Effect on trade - Collective dominant position - Implementation of an agreement providing for an exclusive right - Fighting ships - Loyalty rebates - Fines - Assessment criteria)

9 . 11 . 96           EN                  Official Journal of the European Communities                                No C 336/27
JUDGMENT OF THE COURT OF FIRST INSTANCE                              Communities ( Agent: Ana Maria Alves Vieira ) —
                   of 24 September 1996                              application for annulment of the Commission's decision of
                                                                     8 August 1994 not to accept the applicant's candidature for
in Case T-l 82/94 : Ricardo Marx Esser and Casto Del Amo
                                                                     the post of head of the Commission 's delegation to
             Martinez v. European Parliament ( 1 )                   Kazakhstan and, consequently, annulment of the decision to
(Officials   — Representation — Staff Committee —                    appoint another candidate to that post, and a claim for
Elections — List of staff members entitled to vote —                 damages — the Court of First Instance ( Fourth Chamber ),
Elimination, following the ballot, ofstaffmembers on leave           composed of K. Lenaerts , President, P. Lindh and J. D.
                    on personal grounds)                             Cooke, Judges; J. Palacio Gonzalez, Administrator, for the
                           96/C 336/57 )                             Registrar, gave a judgment on 2 October 1996 , the operative
                                                                     part of which is as follows :
               (Language of the case: French)
                                                                     1 . the Commission 's decision of 8 August 1994 not to
                                                                         accept the applicant 's candidature for the post ofhead of
In Case T-l 82/94 : Ricardo Marx Esser and Casto Del Amo                 the Commission 's delegation to Kazakhstan is annulled,
Martinez, officials of the European Parliament, respectively             together with its decision of 8 August 1994 to appoint
residing at Luxembourg, and at Sandweiler ( Luxembourg ),                Mr K to that post;
represented by Georges Vandersanden , of the Brussels Bar,
with an address for service in Luxembourg at the office of           2 . the remainder of the application is dismissed;
Fiduciaire Myson Sari , 1 Rue Glesener, v. European
Parliament ( Agents : Manfred Peter and Alex Bonn ) —                3 . the Commission is ordered to pay the costs , including
application for annulment of the elections to the Staff                  those relating to the procedure for interim relief.
Committee of the Secretariat of the European Parliament,
held on 21 to 27 May 1993 — the Court of First Instance
( Third Chamber ), composed of: C. P. Briët, President, and          (') OJ No C 370 , 24 . 12 . 1994 .
B. Vesterdorf and A. Potocki , Judges ; J. Palacio Gonzalez,
Administrator, for the Registrar, has given a judgment on
24 September 1996 , in which it:
1 . declares that there is no need to give a ruling on the
     applications for measures of inquiry submitted by the
     applicants;                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           of 8 October 1996
2 . annuls the decision of the President of the European             in Joined Cases T-24/93 , T-25/93 , T-26/93 and T-28/93 ,
     Parliament of 3 February 1 994 rejecting the applicants '       Compagnie Maritime Beige Transports SA and Others v.
     complaint and refusing to annul the electoral                          Commission of the European Communities (')
     proceedings in issue;
                                                                     (Competition — International maritime transport — Liner
                                                                     conferences — Regulation (EEC) No 4056/86 — Effect on
3 . orders the Parliament to pay the costs.
                                                                     trade — Collective dominantposition — Implementation of
                                                                     an agreement providing for an exclusive right — Fighting
(') OJ No C 174, 25 . 6 . 1994 .                                     ships — Loyalty rebates — Fines — Assessment criteria)
                                                                                              ( 96/C 336/59 )
                                                                          (Languages of the case: Dutch, English , German)
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             In Joined Cases T-24/93 , Compagnie Maritime Beige
                       of 2 October 1996                             Transports SA and Compagnie Maritime Beige SA,
                                                                     established at Antwerp ( Belgium ), represented by Michel
in Case T-356/94 : Sergio Vecchi v. Commission of the                Waelbroeck and Denis Waelbroeck, of the Brussels Bar, and
                  European Communities (*)                           by Aurelio Pappalardo , of the Trapani Bar, with an address
 (Officials — Notice of vacancy — Manifest error — Misuse            for service in Luxembourg at the Chambers of Ernest
    of powers — Statement of reasons — Admissibility)                Arendt, 34 Rue Philippe II v. Commission of the European
                          ( 96/C 336/58 )                            Communities ( Agents, during the written procedure , Bernd
                                                                     Langeheine and Richard Lyal and , at the hearing, Richard
                                                                     Lyal, Paul Nemitz and Berend Jan Drijber ), supported by
                (Language of the case: French)                        Grimaldi , established at Palermo ( Italy ), and Cobelfret,
                                                                     established at Antwerp ( Belgium ), represented by Mark
 In Case T-356/94 : Sergio Vecchi, an official of the                 Clough, Barrister, with an address for service in
 Commission of the European Communities, residing at                  Luxembourg at the Chambers of Aloyse May, 31
 Overijse ( Belgium ), represented by Georges Vandersanden            Grand-Rue ; T-25/93 , Dafra-Lines A/S, established at
 and Laure Levi, both of the Brussels Bar, with an address for        Copenhagen , represented by Michel Waelbroeck and Denis
 service in Luxembourg at the offices of Fiduciaire Myson            Waelbroeck, of the Brussels Bar, and by Aurelio
 Sari, 1 Rue Glesener v. Commission of the European                   Pappalardo, of the Trapani Bar, with an address for service
 ---pagebreak--- No C 336/28             EN                 Official Journal of the European Communities                                   9 . 11 . 96
in Luxembourg at the Chambers of Ernest Arendt, 34 Rue                      ORDER OF THE COURT OF FIRST INSTANCE
Philippe II v. Commission of the European Communities                                        of 18 September 1996
(Agents, during the written procedure, Bernd Langeheine
and Richard Lyal and, at the hearing, Richard Lyal, Paul              in Case T-22/96 : J. Langdon Ltd v. Commission of the
Nemitz and Berend Jan Drijber ); T-26/93 , Deutsche                                        European Communities (')
Afrika-Linien GmbH & Co ., established at Hamburg                     (Action for annulment — Contested decision revoked in the
( Germany ), represented by Michael Strobel , Rechtsanwalt,                course of proceedings — No need to give a decision)
Hamburg, with an address for service in Luxembourg at the                                         ( 96/C 336/60 )
Chambers of Nicolas Decker, 16 Avenue Marie-Therese v.
Commission of the European Communities ( Agents, during
the written procedure , Bernd Langeheine and Richard Lyal                               (Language of the case: English)
and, at the hearing, Richard Lyal , Paul Nemitz and Berend
Jan Drijber ) and Case T-28/93 Nedlloyd Lijnen BV,                    In Case T-22/96 : J. Langdon Ltd, established in Dublin,
established at Rotterdam ( Netherlands ), represented,                represented by Patrick O'Brien , Solicitor, with an address
during the written procedure , by Tom R. Ottervanger, of the          for service in Luxembourg at the Chambers of Faltz &
Rotterdam Bar, and , at the hearing, by Jacques Steenbergen,          Associés, 6 Rue Heine, against Commission of the European
of the Brussels Bar, with an address for service in                   Communities ( Agents : Messrs Richard Wainwright and
Luxembourg at the Chambers of Carlos Zeyen, 4 Rue de                  Fernando Castillo de la Torre ) — application for the
l'Avenir v. Commission of the European Communities                    annulment of Commission Decision COM(95 ) 2726 of
(Agents, during the written procedure, Bernd Langeheine               3 November 1995 finding that it is justified to take action
and Richard Lyal and, at the hearing, Richard Lyal , Paul             for the post-clearance recovery of import duties and that the
Nemitz and Berend Jan Drijber ) — application for the                 remission of these duties is not justified — the Court of First
annulment        of   Commission     Decision   93 /82/EEC    of      Instance ( Second Chamber ), composed of: H. Kirschner,
23 December 1992 relating to a proceeding pursuant to                 President, C. W. Bellamy and A. Kalogeropoulos, Judges ; H.
Articles 85 ( IV/32.448 and IV/32.450 : Cewal, Cowac and              Jung, Registrar, made an order on 18 September 1996 , the
Ukwal ) and 86 ( IV/32.448 and IV/32.450 : Cewal ) of the             operative part of which is as follows :
EEC Treaty ( 2 ), the Court of First Instance of the European
Communities (Third Chamber, Extended Composition ),                    1 . there is no need to give a decision ;
composed of: C. P. Briët, President, P. Lindh, A. Potocki ,
R. M. Moura Ramos and J. D. Cooke, Judges, Registrar : J.             2 . the Commission shall bear its own costs and four fifths
Palacio Gonzalez, Administrator, gave a judgment on                         of the applicant's costs.
 8 October 1996 , the operative part of which is as
follows :                                                              (') OJ No C 158 , 1 . 6 . 1996 .
 1 . Cases T-24/93 , T-25/93 , T-26/93 and T-28/93 are
       joined for the purposes of the judgment;
 2 . the applications for the annulment of Commission
       Decision 93/82/EEC of 23 December 1 992 relating to a
       proceeding pursuant to Articles 85 (IV/32.448 and                                ORDER OF THE PRESIDENT
       IV/32.450: Cewal, Cowac and Ukwal) and 86                                  OF THE COURT OF FIRST INSTANCE
       (IV/32.448 and IV/32.450: Cewal) of the EEC Treaty                                    of 19 September 1996
       are dismissed;
                                                                       in Case T-138/96 R : Giovanni Ballone Burini v. Court of
 3 . the amount of the fines imposed by Article 6 of that                            Justice of the European Communities
       decision is fixed as follows:                                   (Officials — Competitions — Non-admission to a
                                                                       competition — Procedure for interim relief — Application
       — Compagnie Maritime Belge SA : ECU 8 640 000,
                                                                                   for suspension of operation of a measure)
       — Dafra-Lines A/S: ECU 180 000,                                                             ( 96/C 336/61 )
       — Deutsche Afrika-Linien GmbH Sc Co.: ECU
           180 000,                                                                      (Language of the case: Italian)
       — Nedlloyd Lijnen BV: ECU 90 000;
                                                                       In Case T-138/96 R: Giovanni Ballone Burini, residing in
 4 . the applicants are ordered to pay all the defendant 's            Castelfidardo ( Italy ), represented during the written
       costs; in addition, the applicants in Case T-24/93              procedure by Giancarlo Piersimoni, of the Ancona Bar
        (Compagnie Beige SA and Compagnie Maritime Beige               ( Italy ), and during the oral procedure, by Carlo Revoldini,
        Transports SA) are ordered jointly and severally to pay        of the Luxembourg Bar, with an address for service in
       all the costs of the interveners.                               Luxembourg at the address of Marco Pantanetti , 17 Rue de
                                                                       Dudelange, Kayl , against Court of Justice of the European
 (') OJ No C 122 , 4 . 5 . 1993 and                                    Communities ( Agents : Messrs Timothy Millett and Federico
       OJ No C 124 of 6 . 5 . 1993 .                                   Falcone ) — application for suspension of operation of the
 ( 2 ) OJ No L 34 , 1993 , p . 20 .                                    decision of the Selection Board for General Competition
                                                                        CJ/A/ 1 1 rejecting the applicant's candidature — the
                                                                       President of the Court of First Instance made an order on