CELEX: C2002/144/73
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 28 February 2002 in Case T-18/97: Atlantic Container Line AB e.a. v Commission of the European Communities (Competition — Liner conferences — Agreement fixing the price of inland transport in the context of intermodal transport — Regulation No 1017/68 — Notification — Immunity — Admissibility)

C 144/34               EN                     Official Journal of the European Communities                                       15.6.2002
ed by M. Clough, solicitor-advocate QC, with an address for                  JUDGMENT OF THE COURT OF FIRST INSTANCE
service in Luxembourg: Application for the annulment of
Commission Decision 94/980/EC of 19 October 1994 relating
to a proceeding pursuant to Article 85 of the EC Treaty (IV/                                     28 February 2002
34.446 — Trans-Atlantic Agreement) (OJ 1994 L 376, p. 1),
the Court of First Instance (Third Chamber), composed of:                in Case T-18/97: Atlantic Container Line AB e.a. v Com-
K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; Y. Mottard,                mission of the European Communities (1)
Legal Secretary, for the Registrar, has given a judgment on
28 February 2002, in which it:
                                                                         (Competition — Liner conferences — Agreement fixing the
                                                                         price of inland transport in the context of intermodal
                                                                         transport — Regulation No 1017/68 — Notification —
                                                                                            Immunity — Admissibility)
1.   Annuls Article 5 of Commission Decision 94/980/EC of
     19 October 1994 relating to a proceeding pursuant to                                         (2002/C 144/73)
     Article 85 of the EC Treaty (IV/34.446 — Trans-Atlantic
     Agreement);
                                                                                             (Language of the case: English)
2.   Dismisses the remainder of the application;
                                                                         In Case T-18/97, Atlantic Container Line AB, established in
                                                                         Göteborg (Sweden), Cho Yang Shipping Co. Ltd, established in
                                                                         Seoul (South Korea), DSR-Senator Lines GmbH, established in
                                                                         Bremen (Germany), Hanjin Shipping Co. Ltd, established in
3.   Orders the applicants to bear their own costs and to pay four       Seoul, Neptune Orient Lines Ltd, established in Singapore,
     fifths of the costs incurred by the Commission and the              Nippon Yusen Kaisha (NYK Line), established in Tokyo (Japan),
     interveners, the Freight Transport Association Ltd, the Associ-     Orient Overseas Container Line (UK) Ltd, established in
     ation des utilisateurs de transport de fret and the European        Levington (United Kingdom), P & O Nedlloyd BV, established
     Council of Transport Users ASBL, including those relating to        in Rotterdam (Netherlands), P & O Containers Ltd, established
     the interlocutory proceedings in Case T-395/94 R and in Case        in London (United Kingdom), Hapag-Lloyd AG, established in
     T-395/94 R II;                                                      Hamburg (Germany), A. P. Møller-Mærsk Line, established in
                                                                         Copenhagen (Denmark), Mediterranean Shipping Company
                                                                         SA, established in Geneva (Switzerland), POL-Atlantic, estab-
                                                                         lished in Gdynia (Poland), Sea-Land Service Inc., established in
4.   Orders the Commission to bear one fifth of its own costs;           Charlotte (United States of America), Tecomar SA de CV,
                                                                         established in Mexico City (Mexico), Transportación Marı́tima
                                                                         Mexicana SA de CV, established in Mexico City, represented
                                                                         by J. Pheasant and N. Bromfield, Solicitors, with an address for
5.   Orders the interveners, the Freight Transport Association Ltd,      service in Luxembourg, v Commission of the European
     the Association des utilisateurs de transport de fret and the       Communities (Agent: R. Lyal), supported by French Republic
     European Council of Transport Users ASBL, to bear one fifth         (Agents: K. Rispal-Bellanger and R. Loosli-Surrans): Appli-
     of their own costs;                                                 cation for annulment of Commission Decision C(96)
                                                                         3414 final of 26 November 1996 relating to a proceeding
                                                                         under Article 85 of the EC Treaty (Case No IV/35.134 —
                                                                         Trans-Atlantic Conference Agreement), the Court of First
                                                                         Instance (Third Chamber), composed of: K. Lenaerts, President,
6.   Orders the interveners, the European Community Shipowners’          J. Azizi and M. Jaeger, Judges; Y. Mottard, Legal Secretary, for
     Association ASBL and the Japanese Shipowners’ Association,          the Registrar, has given a judgment on 28 February 2002, in
     to bear their own costs, including those relating to the            which it:
     interlocutory proceedings in Case T-395/94 R and in Case
     T-395/94 R II.
                                                                         1.    Dismisses the action as inadmissible;
                                                                         2.    Orders the applicants to bear their own costs together with
                                                                               those of the Commission;
(1) OJ C 392 of 31.12.1994.
                                                                         3.    Orders the French Republic to bear its own costs.
                                                                         (1) OJ C 94 of 22.3.1997.