CELEX: C2002/144/81
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 20 March 2002 in Case T-175/99: UPS Europe SA v Commission of the European Communities (Competition — Abuse of a dominant position — Postal sector — Service in the general economic interest — Use of income deriving from a reserved market — Acquisition of joint control of an undertaking active in the non-reserved market — Statement of reasons)

C 144/38                EN                     Official Journal of the European Communities                                       15.6.2002
1.    Orders that the fine imposed on the applicant by Article 3(a)       1.    Dismisses the application;
      of Commission Decision 1999/60/EC of 21 October 1998
      relating to a proceeding under Article 85 of the EC Treaty
      (Case No IV/35.691/E-4: — Pre-Insulated Pipe Cartel) be             2.    Orders the applicants to bear their own costs and pay those of
      reduced to EUR 65 000 000;                                                the Commission;
2.    Dismisses the remainder of the application;                         3.    Orders the intervener to bear its own costs.
3.    Orders the applicant to bear its own costs and to pay 90 % of
      the costs incurred by the Commission;
                                                                          (1) OJ C 246 of 28.8.1999.
4.    Orders the Commission to pay 10 % of its own costs.
(1) OJ C 121 of 1.5.1999.
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         20 March 2002
                           21 March 2002
                                                                          in Case T-175/99: UPS Europe SA v Commission of the
                                                                                             European Communities (1)
in Case T-131/99: Michael Hamilton Shaw and Timothy
John Falla v Commission of the European Communities (1)
                                                                          (Competition — Abuse of a dominant position — Postal
                                                                          sector — Service in the general economic interest — Use of
(Competition — Beer supply agreements — Individual                        income deriving from a reserved market — Acquisition of
exemption — Article 85(3) of the EC Treaty (now                           joint control of an undertaking active in the non-reserved
                         Article 81(3) EC))                                               market — Statement of reasons)
                          (2002/C 144/80)                                                          (2002/C 144/81)
                    (Language of the case: English)                                          (Language of the case: English)
In Case T-131/99, Michael Hamilton Shaw, residing in Wix-
ford, Alcester, Warwickshire (United Kingdom), and Timothy                In Case T-175/99, UPS Europe SA, established in Brussels
John Falla, residing in Brighton (United Kingdom), represented            (Belgium), represented by T. R. Ottervanger and D. Arts,
by J. H. Maitland-Walker, Solicitor, with an address for service          lawyers, with an address for service in Luxembourg, v Com-
in Luxembourg, v Commission of the European Communities                   mission of the European Communities (Agents: B. Doherty
(Agents: P. Oliver, K. Wiedner and N. Khan), supported by                 and K. Wiedner), supported by Deutsche Post AG, established
Whitbread plc, established in London (United Kingdom),                    in Bonn (Germany), represented by J. Sedemund, lawyer, with
represented by N. Green QC and J. Flynn and M. Lowe,                      an address for service in Luxembourg: Application for the
Solicitors, with an address for service in Luxembourg: Appli-             annulment of Commission Decision SG (99) D/4155 of
cation for annulment of Commission Decision 1999/230/EC                   10 June 1999 rejecting the applicant’s complaint of 8 June
of 24 February 1999 relating to a proceeding pursuant to                  1998 to the extent to which it relates to Article 82 EC and to
Article 85 of the EC Treaty (Case No IV/35.079/F3 —                       the partial acquisition of DHL International Ltd by Deutsche
Whitbread) (OJ 1999 L 88, p. 26), the Court of First Instance             Post AG, the Court of First Instance (Fourth Chamber, Extended
(Third Chamber), composed of: J. Azizi, President, K. Lenaerts            Composition), composed of: P. Mengozzi, President, R. Garcı́a-
and M. Jaeger, Judges; J. Palacio González, Administrator, for           Valdecasas, V. Tiili, R. M. Moura Ramos and J. D. Cooke,
the Registrar, has given a judgment on 21 March 2002, in                  Judges; D. Christensen, Administrator, for the Registrar, has
which it:                                                                 given a judgment on 20 March 2002, in which it:
 ---pagebreak--- 15.6.2002              EN                      Official Journal of the European Communities                                        C 144/39
1.    Dismisses the application;                                          3.    Orders the intervener to bear its own costs.
2.    Orders the applicant to bear its own costs and to pay those of
      the defendant and the intervener.                                   (1) OJ C 6 of 8.1.2000.
(1) OJ C 281 of 2.10.1999.
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  26 February 2002
                          21 March 2002
                                                                          in Case T-323/99: Industrie Navali Meccaniche Affini
                                                                          SpA (INMA) and Italia Investimenti SpA (Itainvest) v
in Case T-231/99: Colin Joynson v Commission of the                              Commission of the European Communities (1)
                   European Communities (1)
                                                                          (State aids — Shipbuilding — Meaning of aid — Lack of
(Competition — Beer supply agreements — Individual                                                     reasoning)
                exemption — Article 81(3) EC)
                                                                                                   (2002/C 144/83)
                         (2002/C 144/82)
                   (Language of the case: English)                                            (Language of the case: Italian)
In Case T-231/99, Colin Joynson, residing in Manchester
(United Kingdom), represented by B. Bedford, Barrister,                   In Case T-323/99, Industrie Navali Meccaniche Affini SpA
instructed by Messrs Ferdinand Kelly, Solicitors, v Commission            (INMA), in liquidation, established in La Spezia (Italy), rep-
of the European Communities (Agents: K. Wiedner and                       resented by S. Capparucci, Italia Investimenti SpA (Itainvest),
N. Khan), supported by Bass plc, established in London (United            established in Rome (Italy), represented in these proceedings
Kingdom), represented by M. Farquharson, J. Block and                     by G. M. Roberti and F. Sciaudone, lawyers, with an address
N. Green, Solicitors, with an address for service in Luxembourg:          for service in Luxembourg, v Commission of the European
Application for annulment of Commission Decision 1999/                    Communities (Agents: K.-D. Borchardt and, initially, A. Abate
473/EC of 16 June 1999 relating to a proceeding pursuant to               and E. Cappelli, and, subsequently, Abate and G. Conte):
Article 81 [EC] (Case IV/36.081/F3 — Bass) (OJ 1999 L 186,                Application for annulment of Commission Decision 2000/
p. 1), the Court of First Instance (Third Chamber), composed              262/EC of 20 July 1999 on State aid granted by Italy to the
of: J. Azizi, President, K. Lenaerts and M. Jaeger, Judges;               INMA shipyard (OJ 2000 L 83, p. 21), Court of First Instance
J. Palacio González, Administrator, for the Registrar, has given         (Fifth Chamber, Extended Composition), composed of:
a judgment on 21 March 2002, in which it:                                 P. Lindh, President, R. Garcı́a-Valdecasas, J. D. Cooke, M. Vilaras
                                                                          and N. J. Forwood, Judges; J. Palacio González, Administrator,
                                                                          for the Registrar, has given a judgment on 26 February 2002,
                                                                          in which it:
1.    Dismisses the application;
2.    Orders the applicant to bear his own costs and pay those of the     1.    Annuls Commission Decision 2000/262/EC of 20 July 1999
      Commission;                                                               on State aid granted by Italy to the INMA shipyard;