CELEX: C2002/191/15
Language: en
Date: 2002-08-10 00:00:00
Title: Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-204/00 P: Aalborg Portland A/S 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 unfounded)

10.8.2002               EN                       Official Journal of the European Communities                                            C 191/9
      new plants and 1 December 1996 as regards existing plants,            1.    Declares that, by maintaining a condition relating to duration
      the French Republic has failed to fulfil its obligations under              of residence in the territory of Luxembourg for the grant of the
      Article 4(1) of Directive 89/369 and Articles 2(a) and 4 of                 guaranteed minimum income provided for by its legislation, the
      Directive 89/429;                                                           Grand Duchy of Luxembourg has failed to fulfil its obligations
                                                                                  under Article 7(2) of Regulation (EEC) No 1612/68 of the
2.    Orders the French Republic to pay the costs.                                Council of 15 October 1968 on freedom of movement for
                                                                                  workers within the Community and Article 43 EC;
                                                                            2.    Orders the Grand Duchy of Luxembourg to pay the costs.
(1) OJ C 108 of 7.4.2001.
                                                                            (1) OJ C 289 of 13.10.2001.
                 JUDGMENT OF THE COURT
                                                                                                 ORDER OF THE COURT
                        (Fourth Chamber)
                                                                                                       (Fifth Chamber)
                          of 20 June 2002
                                                                                                        of 5 June 2002
in Case C-299/01: Commission of the European Communi-
            ties v Grand Duchy of Luxembourg (1)                            in Case C-204/00 P: Aalborg Portland A/S v Commission
                                                                                            of the European Communities (1)
(Failure by a Member State to fulfil its obligations —                      (Appeals — Competition — Cement — Article 85(1) of the
Article 7(2) of Regulation (EEC) No 1612/68 — Freedom of                    EC Treaty (now, Article 81(1) EC) — Appeal in part
movement for workers — Article 43 EC — Freedom of                                                  manifestly unfounded)
establishment — Social advantages — Guaranteed mini-
                            mum income)
                                                                                                       (2002/C 191/15)
                          (2002/C 191/14)
                                                                                                (Language of the case: Danish)
                    (Language of the case: French)                          (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-204/00 P: Aalborg Portland A/S, established in
                                                                            Aalborg (Denmark), represented by K. Dyekjær-Hansen and
                                                                            K. Høegh, lawyers — appeal against the judgment of the
In Case C-299/01, Commission of the European Communities                    Court of First Instance of the European Communities, Fourth
(Agent: H. Michard) v Grand Duchy of Luxembourg (Agent:                     Chamber, Extended Composition, of 15 March 2000 in Joined
N. Mackel): Application for a declaration that, by maintaining              Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
a condition relating to duration of residence in the territory of           T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
Luxembourg for the grant of a guaranteed minimum income,                    T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
the Grand Duchy of Luxembourg has failed to fulfil its                      T-104/95 Cimenteries CBR and Others v Commission [2000]
obligations under Article 7(2) of Regulation (EEC) No 1612/                 ECR II-491, seeking to have that judgment partially set aside,
68 of the Council of 15 October 1968 on freedom of                          the other party to the proceedings being Commission of
movement for workers within the Community (OJ, English                      the European Communities (Agents: R. Lyal, assisted by
Special Edition 1968 (II), p. 475) and Article 43 EC, the Court             H.P. Hartvig) &mdash the Court (Fifth Chamber), composed of
(Fourth Chamber), composed of: S. von Bahr, President of the                P. Jann, President of the Chamber, D.A.O. Edward (Rappor-
Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Timmer-                      teur), A. La Pergola, M. Wathelet and A. Rosas, Judges; D. Ruiz-
mans, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                     Jarabo Colomer, Advocate General; R. Grass, Registrar, made
R. Grass, Registrar, has given a judgment on 20 June 2002, in               an order on 5 June 2002, the operative part of which is as
which it:                                                                   follows:
 ---pagebreak--- C 191/10                  EN                      Official Journal of the European Communities                                          10.8.2002
1.    The second ground of appeal is dismissed in its entirety as in               —     the second, third and seventh heads of the fourth plea in
      part manifestly inadmissible and in part manifestly unfounded.                     law,
2.    Costs are reserved.                                                          with the exception, as regards the fourteenth head of the third
                                                                                   plea in law and the third head of the fourth plea in law, of the
                                                                                   arguments based on the Court of First Instance’s assessment of
(1) OJ C 247 of 26.8.2000.                                                         the overall responsibility of the undertakings involved in the
                                                                                   single infringement;
                                                                             2.    Costs are reserved.
                                                                             (1) OJ C 247 of 26.8.2000.
                      ORDER OF THE COURT
                            (Fifth Chamber)
                                                                                                  ORDER OF THE COURT
                             of 5 June 2002
                                                                                                        (Fifth Chamber)
in Case C-205/00: Irish Cement Ltd v Commission of the
                     European Communities (1)
                                                                                                         of 5 June 2002
(Appeal — Competition — Cement — Article 85(1) of the
EC Treaty (now Article 81(1) EC) — Appeal in part                            in Case C-211/00 P: Ciments Français SA v Commission
 manifestly inadmissible and in part manifestly unfounded)                                   of the European Communities (1)
                                                                             (Appeals — Competition — Cement — Article 85(1) of the
                           (2002/C 191/16)
                                                                             EC Treaty (now, Article 81(1) EC) — Appeal in part
                                                                                                    manifestly unfounded)
                     (Language of the case: English)
                                                                                                        (2002/C 191/17)
                                                                                                  (Language of the case: French)
In Case C-205/00 P, Irish Cement Ltd, established in Dublin
(Ireland), represented by P. Sreenan, SC, instructed by J. Glack-
in, solicitor, with an address for service in Luxembourg: Appeal             (Provisional translation; the definitive translation will be published
against the judgment of the Fourth Chamber, Extended                                             in the European Court Reports)
Composition, of the Court of First Instance of the European
Communities in Joined Cases T-25/95, T-26/95, 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, T-68/95 to T-71/95, T-87/95, T-88/95,                    In Case C-211/00 P: Ciments Français SA, established in Paris,
T-103/95 and T-104/95 Cimenteries CBR and Others v                           represented by A. Winckler, lawyers — appeal against the
Commission [2000] ECR II-491, seeking to have that judgment                  judgment of the Court of First Instance of the European
set aside in part, the other party to the proceedings being:                 Communities, Fourth Chamber, Extended Composition, of
Commission of the European Communities (Agent: R. Lyal),                     15 March 2000 in Joined Cases T-25/95, T-36/95, T-30/95 to
the Court (Fifth Chamber), composed of: P. Jann, President of                T-32/95, T-34/95 to T-39/95, T-42/95 to T-46/95, T-48/95,
the Chamber, D.A.O. Edward (Rapporteur), A. La Pergola,                      T-50/95 to T-65/95, T-68/95 to T-71/95, T-87/95 to T-88/95
M. Wathelet and A. Rosas, Judges; D. Ruiz-Jarabo Colomer,                    and T-103/95 to T-104/95 Cimenteries CBR and Others v
Advocate General; R. Grass, Registrar, has made an order on                  Commission [2000] ECR II-491, seeking to have that judgment
5 June 2002, the operative part of which is as follows:                      partially set aside, the other party to the proceedings being
                                                                             Commission of the European Communities (Agents: R. Lyal,
                                                                             assisted by N. Coutrelis) — the Court (Fifth Chamber),
1.    The following are rejected as manifestly inadmissible and              composed of P. Jann, President of the Chamber, D.A.O. Edward
      manifestly unfounded:                                                  (Rapporteur), A. La Pergola, M. Wathelet and A. Rosas, Judges;
                                                                             D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
      —     the first to third, ninth to twelfth and fourteenth heads of     made an order on 5 June 2002, the operative part of which is
            the third plea in law,                                           as follows: