CELEX: C2000/273/18
Language: en
Date: 2000-09-23 00:00:00
Title: Judgment of the Court of First Instance of 27 June 2000 in Case T-72/99: Karl L. Meyer v Commission of the European Communities (OCTs — Project financed by the EDF — Action for damages — Legitimate expectations — Commission's duty to exercise control)

23.9.2000               EN                    Official Journal of the European Communities                                         C 273/11
                                                        COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                               2.    Reduces the amount of the fine imposed on the applicant by
                                                                               Article 3 of the contested decision to Euro 90 000 000;
                                                                         3.    Dismisses the remainder of the application;
                          of 6 July 2000
                                                                         4.    Orders the applicant to bear its own costs and to pay 90 % of
                                                                               the costs incurred by the Commission;
in Case T-62/98: Volkswagen AG v Commission of the
                   European Communities (1)                              5.    Orders the Commission to bear 10 % of its own costs.
                                                                         (1) OJ C 184 of 13.6.98.
(Competition — Distribution of motor vehicles — Partition-
ing of the market — Article 85 of the EC Treaty (now
Article 81 EC) — Regulation (EEC) No 123/85 — Disclos-
ure to the press — Business secrets — Good administration
           — Fines — Gravity of the infringement)
                         (2000/C 273/17)
                                                                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 27 June 2000
                   (Language of the case: German)
                                                                         in Case T-72/99: Karl L. Meyer v Commission of the
                                                                                             European Communities (1)
In Case T-62/98: Volkswagen AG, established in Wolfsburg
(Germany), represented by R. Bechtold, Stuttgart, with an
address for service in Luxembourg at the Chambers of Loesch              (OCTs — Project financed by the EDF — Action for damages
and Wolter, 11 Rue Goethe v Commission of the European                   — Legitimate expectations — Commission’s duty to exercise
Communities (Agents: K. Wiedner and H.J. Freund) — appli-                                               control)
cation for annulment of Commission Decision 98/273/EC of
28 January 1998 relating to a proceeding under Article 85 of
the EC Treaty (Case IV/35.733 — VW) (OJ 1998 L 124, p. 60)                                         (2000/C 273/18)
or, in the alternative, for reduction of the fine imposed on the
applicant in that decision — the Court (Fourth Chamber),
composed of: R.M. Moura Ramos, President, V. Tiili and
P. Mengozzi, Judges; B. Pastor, Administrator, for the Registrar,                            (Language of the case: French)
has given a judgment on 6 July 2000, in which it:
                                                                         In Case T-72/99: Karl L. Meyer, residing at Uturoa (island of
1.    Annuls Commission Decision 98/273/EC of 28 January                 Raiatea, French Polynesia), represented by J.-D. des Arcis, of
      1998 relating to a proceeding under Article 85 of the EC           the Papeete Bar, and C.A. Kupferberg, of the Paris Bar, with an
      Treaty (Case IV/35.733 — VW) in so far as it finds that:           address for service in Luxembourg at the office of
                                                                         Mr H. Pakowski, Ambassador of the Federal Republic of
                                                                         Germany, 20-22 Avenue Emile Reuter, v Commission of the
                                                                         European Communities (agent: X. Lewis) — application for
      (a)  a split margin system and termination of certain dealer-      compensation for the damage allegedly suffered by the appli-
           ship contracts by way of penalty were measures adopted        cant as a result of the European Development Fund having
           in order to hinder re-exports of Volkswagen and Audi          refrained from paying a subsidy which it had undertaken to
           vehicles from Italy by final consumers and authorised         grant in the context of a programme concerning the planting
           dealers in those makes in other Member States;                of trees and tropical fruit plants on the island of Raiatea —
                                                                         the Court of First Instance (Third Chamber), composed of:
                                                                         K. Lenaerts, President, and J. Azizi and M. Jaeger, Judges;
      (b) the infringement had not completely ceased between             G. Herzig, Administrator, for the Registrar, has given a judg-
           1 October 1996 and the adoption of the decision;              ment on 27 June 2000, in which it:
 ---pagebreak--- C 273/12                EN                    Official Journal of the European Communities                                        23.9.2000
1.    Dismisses the action;                                              ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                      INSTANCE
2.    Orders the applicant to pay the costs.
                                                                                                   of 28 June 2000
(1) OJ C 188 of 3.7.1999.                                                in Case T-191/98 R II, Cho Yang Shipping Co. Ltd v
                                                                                 Commission of the European Communities
                                                                         (Competition — Payment of fine — Bank guarantee —
                                                                                         Urgency — Balance of interests)
                                                                                                   (2000/C 273/20)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                            (Language of the case: English)
                           of 6 July 2000                                In Case T-191/98 R II: Cho Yang Shipping Co. Ltd, established
                                                                         in Seoul, South Korea, represented by N. Bromfield and
in Case T-139/99: Alsace International Car Services (AICS)               C. Thomas, of the Brussels Bar, with an address for service in
                    v European Parliament (1)                            Luxembourg at the chambers of De Bandt, Van Hecke, Lagae
                                                                         and Loesch, 11 Rue Goethe, v Commission of the European
                                                                         Communities (Agent: R. Lyal) — Application for suspension
(Public services contract — Passenger transport by chauf-                of the operation of Commission Decision 1999/243/EC of
feur-driven vehicles — Invitation to tender — Compliance                 16 September 1998 relating to a proceeding pursuant to
with national law — Principles of sound administration and               Articles 85 and 86 of the EC Treaty (Case No IV/35.134 —
of the duty to cooperate in good faith — Rejection of a                  Trans-Atlantic Conference Agreement) (OJ 1999 L 95, p. 1) in
                               tender)                                   so far as, in Article 8, it imposes a fine of EUR 13 750 000 on
                                                                         the applicant, the President of the Court of First Instance has
                                                                         given an order on 28 June 2000, in which:
                          (2000/C 273/19)
                                                                         1.   The application for interim relief is dismissed.
                   (Language of the case: French)                        2.   The applicant is given 15 days in which to lodge at the Registry
                                                                              a request for confidential treatment.
In Case T-139/99: Alsace International Car Services (AICS),              3.   Costs are reserved.
established in Strasbourg (France), represented by C. Imbach
and A. Dissler, of the Strasbourg Bar, with an address for
service in Luxembourg at the Chambers of P. Schiltz, 4 Rue
Béatrix de Bourbon, v European Parliament (agents: P. Runge
Nielsen and O. Caisou-Rousseau) — application, first, for
annulment of the Parliament’s decision not to accept the
tender submitted by the applicant in the context of invitation
                                                                         ORDER OF THE PRESIDENT OF THE COURT OF FIRST
to tender No 99/S 18-8765/FR relating to a contract for
                                                                                                      INSTANCE
passenger transport by chauffeur-driven vehicles during the
Parliamentary sessions in Strasbourg and, second, for compen-
sation for the damage allegedly suffered by the applicant as a                                     of 28 June 2000
result of that decision — the Court of First Instance (Fifth
Chamber), composed of: R. Garcı́a-Valdecasas, President, and             in Case T-74/00 R: Artegodan GmbH v Commission of
P. Lindh and J.D. Cooke, Judges; G. Herzig, Administrator, for                             the European Communities
the Registrar, has given a judgment on 6 July 2000, in which
it:                                                                      (Procedure for interim relief — Withdrawal of authorisation
                                                                         for medicinal products for human use which contain ‘amfe-
1.    Dismisses the action;                                              pramon’ — Directive 75/319/EEC — Urgency — Balancing
                                                                                                      of interests)
2.    Orders the applicant to bear its own costs and to pay the
      Parliament’s costs.                                                                          (2000/C 273/21)
(1) OJ C 246 of 28.8.1999.                                                                  (Language of the case: German)
                                                                         In Case T-74/00 R: Artegodan GmbH, established in Lüchow,
                                                                         Germany, represented by U. Doepner, Rechtsanwalt, Düssel-