CELEX: C2002/003/32
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 12 July 2001 in Joined Cases T-202/98, T-204/98 and T-207/98: Tate & Lyle plc and Others v Commission of the European Communities (Competition — Sugar market — Infringement of Article 85 of the EC Treaty (now Article 81 EC) — Fines)

5.1.2002               EN                     Official Journal of the European Communities                                           C 3/21
                                                        COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                               5.    Orders the applicant in Case T-204/98 to pay its own costs
                                                                               and those incurred by the Commission in that case, including
                                                                               those relating to the proceedings for interim relief;
                          of 12 July 2001
                                                                         6.    Orders the applicant in Case T-207/98 to pay its own costs
in Joined Cases T-202/98, T-204/98 and T-207/98: Tate &                        and those incurred by the Commission in that case.
Lyle plc and Others v Commission of the European
                         Communities (1)
                                                                         (1) OJ C 48 of 20.2.1999.
(Competition — Sugar market — Infringement of Article 85
        of the EC Treaty (now Article 81 EC) — Fines)
                           (2002/C 3/32)
                   (Language of the case: English)                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 12 July 2001
In Joined Cases T-202/98: Tate & Lyle plc, represented by
R. Fowler QC and A. L. Morris, solicitors, with an address               in Case T-2/99: T. Port GmbH & Co. KG v Council of the
for service in Luxembourg, T-204/98: British Sugar plc,                                          European Union (1)
represented by T. Sharpe QC and D. Jowell, barristers, and
L.R. Lindsay and A. Nourry, solicitors, with an address for
                                                                         (Bananas — Imports from ACP States and third countries
service in Luxembourg, Case T-207/98: Napier Brown & Co.
                                                                         — Regulation (EEC) No 404/93 — Possibility of relying on
Ltd, represented by D. Guy, solicitor, and S. Sheppard,
                                                                         WTO rules — First paragraph of Article 234 of the EC
barrister, with an address for service in Luxembourg, against
                                                                         Treaty (now, after amendment, first paragraph of
Commission of the European Communities (Agents:
                                                                                     Article 307 EC) — Action for damages)
B. Doherty and K. Wiedner) — application for annulment of
Commission Decision 1999/210/EC of 14 October 1998
relating to a proceeding pursuant to Article 85 of the EC                                            (2002/C 3/33)
    Treaty                        (Case                      IV/
F-3/33.708 — British Sugar plc, Case IV/F-3/33.709 — Tate
& Lyle plc, Case IV/F-3/33.710 — Napier Brown & Company                                     (Language of the case: German)
Ltd, Case IV/F-3/33.711 — James Budgett Sugars Ltd) (OJ
1999 L 76, p. 1) — the Court of First Instance (Fourth
Chamber), composed of P. Mengozzi, President, V. Tiili and
R.M. Moura Ramos, Judges; J. Palacio González, Administrator,           In Case T-2/99: T. Port GmbH & Co. KG, established in
for the Registrar, has given a judgment on 12 July 2001, in              Hamburg (Germany), represented by G. Meier, lawyer, against
which it:                                                                the Council of the European Union (Agents: S. Marquardt and
                                                                         J.-P. Hix) supported by the French Republic (Agents: K. Rispal-
                                                                         Bellanger, C. Vasak, S. Seam and F. Million) and by the
1.    Annuls Article 3 of Commission Decision 1999/210/EC of             Commission of the European Communities (Agent: K.-D. Bor-
      14 October 1998 relating to a proceeding pursuant to               chardt) — application for compensation for the loss which the
      Article 85 of the EC Treaty (Case IV/F-3/33.708 — British          applicant has suffered as a result of the Council introducing,
      Sugar plc, Case IV/F-3/33.709 — Tate & Lyle plc, Case IV/          under Council Regulation (EEC) No 404/93 of 13 February
      F-3/33.710 — Napier Brown & Company Ltd, Case IV/                  1993 on the common organisation of the market in bananas
      F-3/33.711 — James Budgett Sugars Ltd) in so far as it             (OJ 1993 L 47, p. 1), provisions which are alleged to conflict
      concerns the applicant in Case T-202/98;                           with Article I.1 and Article XIII of the General Agreement on
                                                                         Tariffs and Trade (GATT) — the Court of First Instance
2.    Fixes the amount of the fine imposed on the applicant in Case      (Fifth Chamber), composed of P. Lindh, President, R. Garcı́a-
      T-202/98 by Article 3 of Decision 1999/210 at 5.6 million          Valdecasas and J.D. Cooke, Judges; G. Herzig, Administrator,
      euros;                                                             for the Registrar, has given a judgment on 12 July 2001, in
                                                                         which it:
3.    Orders the Commission to pay its own costs and those of the
      applicant in Case T-202/98;                                        1.    Dismisses the action;
4.    Dismisses the applications in Cases T-204/98 and T-207/98;         2.    Orders the applicant to pay the costs;