CELEX: C2000/102/35
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of First Instance of 13 December 1999 in Joined Cases T-190/95 and T-45/96, Société de Distribution de Mécaniques et d'Automobiles (Sodima) v Commission of the European Communities (Competition — Distribution of motor-vehicles — Examination of complaints — Action for declaration for failure to act, for annulment and for compensation — Inadmissibility)

C 102/18                  EN                     Official Journal of the European Communities                                           8.4.2000
                                                           COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 4. Orders the applicant to bear the costs of Case T-190/95. Each
                                                                                 of the parties is ordered to bear its own costs relating to Case
                                                                                 T-45/96.
                         of 13 December 1999
                                                                            (1) OJ C 333, 9.12.1995 and C 145, 18.5.1996.
in Joined Cases T-190/95 and T-45/96, Société de Distri-
bution de Mécaniques et d’Automobiles (Sodima) v Com-
           mission of the European Communities (1)
(Competition — Distribution of motor-vehicles — Examin-                         JUDGMENT OF THE COURT OF FIRST INSTANCE
ation of complaints — Action for declaration for failure to
act, for annulment and for compensation — Inadmissibility)
                                                                                                   of 13 December 1999
                            (2000/C 102/35)                                 in Joined Cases T-9/96 and T-211/96, Européenne Auto-
                                                                            mobile SARL v Commission of the European Communi-
                                                                                                            ties (1)
                                                                            (Competition — Distribution of motor-vehicles — Examin-
                      (Language of the case: French)                        ation of complaints — Action for a declaration of failure to
                                                                                       act, for annulment and for compensation)
In Joined Cases T-190/95 and T-45/95: Société de Distribution                                         (2000/C 102/36)
de Mécaniques et d’Automobiles (Sodima), established in Istres,
France, represented by Dominique Rafoni, liquidator and
Jean-Claude Fourgoux, of the Paris Bar, with an address for                                     (Language of the case: French)
service in Luxembourg at the Chambers of Pierrot Schiltz, 4
Rue Béatrix de Bourbon, v Commission of the European
Communities (Agents: initially Giuliano Marenco and Guy                     In Joined Cases T-9/96 and T-211/96, Européenne Automobile
Charrier, then Giuliano Marenco and Loïc Guérin) — Appli-                   SARL, established in Carcassonne, France, represented by
cation for, first, a declaration that the Commission unlawfully             Jean-Claude Fourgoux, of the Paris Bar with an address for
failed to define its position following a complaint by the                  service in Luxembourg at the Chambers of Pierrot Schiltz,
applicant under Article 85 of the EC Treaty (now Article 81                 4 Rue Béatrix Bourbon, v Commission of the European
EC) and under Commission Regulation (EEC) No 123/85 of                      Communities (Agents: initially Giuliano Marenco and Guy
12 December 1984 on the application of Article 85(3) of the                 Charrier, then Giuliano Marenco and Loïc Guérin) — Appli-
EEC Treaty to certain categories of motor vehicle distribution              cation for annulment of the Commission Decision of 9 Octob-
and servicing agreements (OJ 1985 L 15, p. 16); secondly,                   er 1996 dismissing a complaint by the applicant under Article
annulment of an alleged implied refusal to notify the facts of              85 of the EC Treaty (now Article 81 EC) and for compensation
the case to the applicant; thirdly, annulment of an alleged                 for damage — The Court of First Instance (First Chamber),
implied decision to join the applicant’s complaint with other               composed of B. Vesterdorf, President and J. Pirrung and
complaints; and, fourthly, compensation for damage — The                    M. Vilaras, Judges; A. Mair, Administrator, for the Registrar,
Court of First Instance (First Chamber), composed of B. Ves-                has given a judgment on 13 December 1999, in which it:
terdorf, President and J. Pirrung and M. Vilaras, Judges; H. Jung,
Registrar, has given a judgment on 13 December 1999, in                     1. Dismisses the application in Case T-211/96;
which it:
                                                                            2. Orders the applicant to bear the costs of Case T-211/96;
1. Dismisses the application in Case T-190/95 as inadmissible;              3. Orders Case T-9/96 to be struck off the register;
                                                                            4. Orders the Commission to bear the costs of Case T-9/96.
2. Rules that there is no further need to decide on the application
     for failure to act in Case T-45/96;
                                                                            (1) OJ C 95, 30.3.1996 and C 54, 22.2.1997.
3. Dismisses the remainder of the application in Case T-45/96 as
     inadmissible.