CELEX: C1999/071/62
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 29 December 1998 by Nippon Yusen Kaisha against the Commission of the European Communities (Case T-213/98)

13.3.1999             EN               Official Journal of the European Communities                                 C 71/33
(c) order the Commission to pay the Applicant's costs;            Pleas in law and main arguments adduced in support:
     and
                                                                  The pleas in law and main arguments are identical to
(d) order the Commission to pay the costs incurred by the         those raised in Case T-191/98 (Atlantic Container Line
     Applicant in providing a bank guarantee or other             e.a./Commission).
     security in lieu of payment of the fine pending
     judgment by the Court.
Pleas in law and main arguments adduced in support:
                                                                  Action brought on 30 December 1998 by Transportacion
The pleas in law and main arguments are identical to              Maritima Mexicana S.A. de C.V. and Tecomar S.A. de
those raised in Case T-191/98 (Atlantic Container Line            C.V. against the Commission of the European
e.a./Commission).                                                                         Communities
                                                                                        (Case T-214/98)
                                                                                         (1999/C 71/63)
                                                                                 (Language of the case: English)
Action brought on 29 December 1998 by Nippon Yusen
Kaisha against the Commission of the European                     An action against the Commission of the European
                         Communities                              Communities was brought before the Court of First
                                                                  Instance of the European Communities on 30 December
                       (Case T-213/98)
                                                                  1998 by Transportacion Maritima Mexicana S.A. de C.V.
                        (1999/C 71/62)                            and Tecomar S.A. de C.V., represented by Alfred Merckx,
                                                                  Sinclair Roche & Temperley, and John Pheasant, Nicholas
                                                                  Bromfield and Matthew Levitt, Lovell White Durrant,
               (Language of the case: English)                    Solicitors, with an address for service in Luxembourg at
                                                                  the Chambers of Loesch & Wolter, 11, rue Goethe.
An action against the Commission of the European
Communities was brought before the Court of First                 The applicant claims that the Court should:
Instance of the European Communities on 29 December
1998 by Nippon Yusen Kaisha, represented by Nicholas
                                                                  (a) annul the decision of 16 September 1998 relating to a
Forwood and Philip Ruttley QC of the English Bar and
                                                                       proceeding pursuant to Articles 85 and 86 of the EC
John Pheasant, Nicholas Bromfield and Matthew Levitt of
                                                                       Treaty (Case No IV/35.134-Trans-Atlantic Conference
Lovell White Durrant, Solicitors, with an address for
                                                                       Agreement);
service in Luxembourg at the Chambers of Loesch &
Wolter, 11, rue Goethe.
                                                                  (b) in any event, annul the fines imposed on the
                                                                       Applicants or substantially reduce such fines by the
The applicant claims that the Court should:                            amounts considered appropriate by the Court in all
                                                                       the circumstances;
(a) annul the decision of 16 September 1998 relating to a
     proceeding pursuant to Articles 85 and 86 of the EC          (c) order the Commission to pay the Applicants' costs;
     Treaty (Case No IV/35.134-Trans-Atlantic Conference               and
     Agreement);
                                                                  (d) order the Commission to pay the costs incurred by the
(b) in any event, annul the fine imposed on it or reduce               Applicants in providing a bank guarantee or other
     such fine by the amount considered appropriate by the             security in lieu of payment of the fine pending
     Court in all the circumstances;                                   judgment by the Court.
(c) order the Commission to pay the Applicant's costs;            Pleas in law and main arguments adduced in support:
     and
                                                                  The pleas in law and main arguments are identical to
                                                                  those raised in Case T-191/98 (Atlantic Container Line
(d) order the Commission to pay the costs incurred by the
                                                                  e.a./Commission).
     Applicant in providing a bank guarantee or other
     security in lieu of payment of the fine pending
     judgment by the Court.