CELEX: C2001/331/09
Language: en
Date: 2001-11-24 00:00:00
Title: Order of the Court (Second Chamber) of 20 September 2001 in Case C-1/01 P: Asia Motor France SA, André-François Bach, and Monin automoles SA v Commission of the European Communities, and Europe Auto Services SA (EAS) (Competition — Decision rejecting complaints — Appeal in part manifestly inadmissible and in part manifestly unfounded)

C 331/6                EN                      Official Journal of the European Communities                                        24.11.2001
                    ORDER OF THE COURT                                                         ORDER OF THE COURT
                                                                                                   (Second Chamber)
                         (Fifth Chamber)
                                                                                                 of 20 September 2001
                          of 10 July 2001
                                                                          in Case C-1/01 P: Asia Motor France SA, André-François
                                                                          Bach, and Monin automoles SA v Commission of the
                                                                          European Communities, and Europe Auto Services SA
in Case C-497/99 P: Irish Sugar plc v Commission of the                                                  (EAS) (1)
                   European Communities (1)
                                                                          (Competition — Decision rejecting complaints — Appeal
                                                                          in part manifestly inadmissible and in part manifestly
                                                                                                       unfounded)
(Appeal — Article 86 of the EC Treaty (now Article 82 EC)
— Sugar — Collective dominant position — Abuse —
Appeal partly clearly inadmissible and partly clearly                                                (2001/C 331/09)
                            unfounded)
                                                                                               (Language of the case: French)
                         (2001/C 331/08)
                                                                          (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                   (Language of the case: English)
                                                                          In Case C-1/01 P: Asia Motor France SA, established in
                                                                          Chemille (France), in liquidation, André-François Bach, acting
                                                                          in his capacity as receiver of the business of Jean-Michel
                                                                          Cesbron, residing in Chemille, the subject of a court order in
In Case C-497/99 P: Irish Sugar plc, established in Carlow                bankruptcy, and Monin automobiles SA, established in Bourg-
(Ireland), represented by A. Böhlke, Rechtsanwalt — appeal                de-Péage (France) in liquidation, (avocat: J-C. Fourgoux) —
against the judgment of the Court of First Instance of the                appeal against the judgment of the Court of First Instance of
European Communities (Third Chamber) of 7 October 1999                    the European Communities (Fifth Chamber) of 26 October
in Case T-228/97 Irish Sugar v Commission [1999] ECR II-                  2000 in Case T-154/98 Asia Motor France and Others v
2969, seeking to have that judgment set aside, the other                  Commission [2000] ECR II-3453, seeking to have that judgment
party to the proceedings being Commission of the European                 set aside, the other parties to the proceedings being: Com-
Communities (Agent: K. Wiedner, assisted by C. Quigley) —                 mission of the European Communities (Agents: G. Marenco
the Court (Fifth Chamber), composed of: A. La Pergola,                    and F. Siredey-Garnier) and Europe Auto Services SA (EAS),
President of the Chamber, P. Jann, L. Sevón, S. von Bahr                 established in Livange (Luxembourg) — the Court (Second
(Rapporteur) and C.W.A. Timmermans, Judges; D. Ruiz-Jarabo                Chamber), composed of: V. Skouris, President of the Chamber,
Colomer, Advocate General; R. Grass, Registrar, has made an               R. Schintgen (Rapporteur) and N. Colneric, Judges; F.G. Jacobs,
order on 10 July 2001, in which it:                                       Advocate General; R. Grass, Registrar, has made an order on
                                                                          20 September 2001, the operative part of which is as follows:
1.    Dismisses the appeal;                                               1.    The appeal is dismissed;
2.    Orders Irish Sugar plc to pay the costs.                            2.    Asia Motor France SA, Mr Bach, in his capacity as receiver of
                                                                                the business of Mr Cesbron, and Monin automobiles SA shall
                                                                                pay the costs.
(1) OJ C 63, 4.3.2000.
                                                                          (1) OJ C 61 of 24.2.2001.