CELEX: C2003/213/65
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 3 April 2003 in Case T-119/02: Royal Philips Electronics NV v Commission of the European Communities (Competition — Concentrations — Admissibility — Commitments in the course of the first phase of examination — Serious doubts as to compatibility with the common market — Partial referral to national authorities)

6.9.2003                EN                         Official Journal of the European Union                                         C 213/33
L. Mosar, lawyer, with an address for service in Luxembourg,               1.     dismissed the application;
against European Parliament (Agents: J. de Wachter and
G. Knudsen) — application for annulment, first, of the decision
of the Parliament of 27 June 2001 refusing to consider that                2.     ordered each party to bear its own costs.
the applicant’s place of residence is in Nice and apply the
weighting for France to her retirement pension from 1 January
2000 and, second, of the decision of the Parliament of                     (1 ) OJ No C 144 of 15.6.2002.
6 December 2001 expressly rejecting the applicant’s complaint
— the Court of First Instance (single judge: A.W.H. Meij);
I. Natsinas, Registrar, has given a judgment on 8 July 2003 in
which it:
1.     Annuls the decision of the Parliament of 27 June 2001 in so
       far as it applies to the applicant’s pension the weighting
       applicable to Luxembourg for the whole of the year 2000.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
2.     Orders the Parliament to pay all the costs.
                                                                                                      of 3 April 2003
( 1) OJ C 109, 4.5.2002.
                                                                           in Case T-119/02: Royal Philips Electronics NV v Com-
                                                                                      mission of the European Communities (1)
                                                                           (Competition — Concentrations — Admissibility — Com-
                                                                           mitments in the course of the first phase of examination —
                                                                           Serious doubts as to compatibility with the common market
                                                                                       — Partial referral to national authorities)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      (2003/C 213/65)
                         of 19 June 2003
                                                                                               (Language of the case: English)
in Case T-78/02: Stephan-Harald Voigt v European Central
                               Bank (1)
(Officials — Employee of the European Central Bank —                       In Case T-119/02, Royal Philips Electronics NV, established at
                        Written reprimand)                                 Eindhoven (Netherlands), represented by E.H. Pijnacker Hordijk
                                                                           and N.G. Cronstedt, lawyers, supported by De –Longhi SpA,
                                                                           established in Treviso (Italy), represented by M. Merola,
                         (2003/C 213/64)                                   I. van Schendel, G. Crichlow and D.P. Domenicucci, lawyers, v
                                                                           Commission of the European Communities (Agents: V. Superti,
                                                                           K. Wiedner and J.E. Flynn), supported by SEB SA, established in
                    (Language of the case: German)                         Écully (France), represented by D. Voillemot and S. Hautbourg,
                                                                           lawyers, and by French Republic (Agents: G. de Bergues
                                                                           and F. Million): Application for annulment of, first, the
                                                                           Commission’s decision SG(2002) D/228078 of 8 January
                                                                           2002, based on Article 6(1)(b) and Article 6(2) of Regulation
In Case T-78/02: Stephan-Harald Voigt, member of staff of                  No 4064/89 and Article 57 of the Agreement on the European
the European Central Bank, residing in Frankfurt am Main                   Economic Area, not to oppose the concentration between SEB
(Germany), represented by N. Pflüger, lawyer, against the                  and Moulinex and to declare it compatible with the common
European Central Bank (Agents: V. Saintot and T. Gilliams,                 market and with the Agreement on the European Economic
assisted by B. Wägenbaur, lawyer) — application for annul-                 Area, subject to compliance with the proposed commitments
ment of the decision of 1 March 2002, taken by Mr Noyer,                   (Case COMP/M.2621 — SEB/Moulinex) and, second, the
Vice President of the European Central Bank, to issue a written            Commission’s decision C(2002)38, of 8 January 2002, adopted
reprimand to the applicant — the Court of First Instance                   on the basis of Article 9(2)(a) of Regulation No 4064/89,
(Third Chamber), composed of K. Lenaerts, President, J. Azizi              referring part of the examination of that concentration to the
and M. Jaeger, Judges; B. Pastor, Deputy Registrar, gave a                 French authorities, the Court of First Instance(Third Chamber),
judgment on 19 June 2003, in which it:                                     composed of: K. Lenaerts, President, J. Azizi and M. Jaeger,
 ---pagebreak--- C 213/34               EN                          Official Journal of the European Union                                             6.9.2003
Judges; J. Plingers, Administrator, for the Registrar, has given a         inland waterway (OJ, English Special Edition 1968 (I), p. 302),
judgment on 3 April 2003, in which it:                                     concerning the revised version of the Trans-Atlantic Confer-
                                                                           ence Agreement (TACA), the Court of First Instance (Third
                                                                           Chamber), composed of: K. Lenaerts, President, J. Azizi and
1.    Dismisses the application;                                           M. Jaeger, Judges; H. Jung, Registrar, has made an order on
                                                                           4 June 2003, the operative part of which is as follows:
2.    Orders the applicant to bear its own costs and to pay those
      incurred by the Commission and SEB;
                                                                           1.    There is no need to adjudicate on the action.
3.    Orders De’Longhi to bear its own costs;
                                                                           2.    The parties shall bear their own costs.
4.    Orders the French Republic to bear its own costs.
                                                                           (1 ) OJ C 6 of 8.1.2000.
( 1) OJ C 169 of 13.7.2002.
       ORDER OF THE COURT OF FIRST INSTANCE                                       ORDER OF THE COURT OF FIRST INSTANCE
                          of 4 June 2003                                                             of 13 May 2003
in Case T-224/99: The European Council of Transport                        in Case T-97/01 DEP, Christos Gogos v Commission of
Users ASBL and Others v Commission of the European                                           the European Communities (1)
                         Communities (1)
                                                                                             (Taxation of recoverable costs)
(Actions for annulment — Action become devoid of purpose
                     — No need to adjudicate)
                                                                                                     (2003/C 213/67)
                         (2003/C 213/66)
                                                                                                (Language of the case: Greek)
                   (Language of the case: English)
                                                                           In Case T-97/01 DEP, Christos Gogos, an official of the
In Case T-224/99, The European Council of Transport Users                  Commission of the European Communities, represented by
ASBL, established in Brussels, The Freight Transport Associ-               C. Tagaras, lawyer, v Commission of the European Communi-
ation, established in Tunbridge Wells (United Kingdom),                    ties (Agents: H. Tserepa-Lacombe and J. Currall) — application
Association des Utilisateurs de Transport de Fret (AUTF),                  for taxation of costs to be paid by the defendant to the
established in Paris, and Industrieförbundet, established in               applicant following the order of the Court of First Instance of
Stockholm, represented by M. Clough QC, with an address for                21 October 2002 in Case T-97/01 Gogos v Commission (not
service in Luxembourg, v Commission of the European                        published in the Reports of Cases) — the Court of First
Communities (Agent: R. Lyal), supported by Atlantic Container              Instance (Second Chamber), composed of: N.J. Forwood,
Line AB, established in Göteborg (Sweden), Hapag-Lloyd AG,                 President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar,
established in Hamburg (Germany), Mediterranean Shipping                   made an order on 13 May 2003 the operative part of which is
Company SA, established in Geneva (Switzerland), A.P. Møller-              as follows:
Mærsk Line, established in Copenhagen, Nippon Yusen Kaisha,
established in Tokyo (Japan), Orient Overseas Container Line
(UK) Ltd, established in London and P & O Nedlloyd Container               The total amount of costs recoverable by the applicant in Case T-97/
Line Ltd, established in London, represented by J. Pheasant and            01 is fixed at EUR 11 000
M. Levitt, Solicitors, with an address for service in Luxembourg:
Application for annulment of the decision of the Commission,
communicated to the applicants by letter of 6 August 1999,                 (1 ) OJ C 186 of 30.6.01.
not to raise serious doubts, within the meaning of Article 12
of Council Regulation (EEC) No 1017/68 of 19 July 1968
applying rules of competition to transport by rail, road and