CELEX: C1996/336/49
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 September 1996 in Case T-353/94: Postbank NV v. Commission of the European Communities (Competition - Administrative procedure - Notification of the statement of objections and the minutes of the hearing - Commission decision allowing third parties to the administrative procedure to produce those documents in national legal proceedings - Measure against which an action may be brought - Professional secrecy - Business secrets)

No C 336/24           EN                 Official Journal of the European Communities                                    9 . 11 . 96
                                                   COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                            JMC Automobiles, residing at Livange ( Luxembourg ),
                   of 18 September 1996                             Monin Automobiles SA, established at Bourg-de-Péage
in Case T-353 /94 : Postbank NV v. Commission of the
                                                                    ( France ), Europe Auto Service ( EAS ) SA, established at
                                                                    Livange ( Luxembourg ), SA Somaco SARL, established at
                 European Communities ( 1 )                         Fort-de-France ( France ), represented by Jean-Claude
(Competition — Administrative procedure — Notification              Fourgoux, of the Paris Bar, with an address for service in
ofthe statement ofobjections and the minutes ofthe hearing          Luxembourg at the Chambers of Pierrot Schiltz, 4 Rue
— Commission decision allowing third parties to the                 Beatrix de Bourbon , against Commission of the European
administrative procedure to produce those documents in              Communities ( Agents : Berend Jan Drijber and Hervé
national legal proceedings — Measure against which an               Lehman ), application for annulment of the Commission 's
action may be brought — Professional secrecy — Business             decision of 13 October 1994 rejecting the applicants'
                              secrets)                              complaints relating to cartel practices alleged to be contrary
                         ( 96/C 336/49 )                            to Article 85 of the EEC Treaty , and for compensation for
                                                                    the damage which the applicants maintain they sustained by
               (Language of the case: Dutch)                        reason of the manner in which the Commission dealt with
                                                                    their complaints — the Court of First Instance of the
In Case T-353/94 : Postbank NV, established in Amsterdam,           European Communities ( Fourth Chamber, Extended
represented by O. W. Brouwer and F. P. Louis, of the                Composition ), composed of K. Lenaerts, President, R.
Brussels Bar, with an address for service in Luxembourg at          Garcίa-Valdecasas, P. Lindh, J. Azizi and J. D. Cooke,
the Chambers of M. Loesch, 11 Rue Goethe against                    Judges , Registrar: B. Pastor, Principal Administrator, gave a
Commission of the European Communities ( Agents : B. J.             judgment on 18 September 1996 , in which it:
Drijber and W. Wils ) — application for annulment of the
Commission decision , contained in its letters of
23 September 1994 and 3/4 October 1994 , conceding that             1 . dismisses as inadmissible the claims for a declaration of
third parties may, in national legal proceedings, produce the            an infringement;
statement of objections and the minutes of the hearing
which the Commission forwarded to them in the course of
an administrative procedure — the Court of First Instance of        2 . dismisses the claims for failure to act as inadmissible;
the European Communities ( First Chamber, Extended
Composition ), composed of A. Saggio , President, C. W.
Bellamy , A. Kalogeropoulos, V. Tiili and R. M. Moura
Ramos, Judges, Registrar : J. Palacio Gonzalez,                     3 . annuls the contested decision in so far as it rejects Mr
                                                                         Cesbron 's complaint of 18 November 1985 and the
Administrator, gave a judgment on 18 September 1996 , in
which it :                                                               complaint of Mr Cesbron, Asia Motor France, Monin
                                                                         Automobiles and EAS of 29 November 1988;
1 . annuls the Commission decision contained in its letters
    of 23 September 1 994 and 3/4 October 1 994 addressed
    to NUON Veluwse Nutsbedrijven NV and                            4 . dismisses the remainder of the claims for annulment as
    Maatschappij Elektriciteit en Gas Limburg NV;                        unfounded;
2 . orders the Commission to pay the costs.
                                                                    5 . dismisses the claims for damages as inadmissible;
(') OJ No C 370 , 24 . 12 . 1994 .
                                                                    6 . dismisses as unfounded the claims that the Commission
                                                                         should be ordered to pay the costs of the proceedings
JUDGMENT OF THE COURT OF FIRST INSTANCE                                  which culminated in the judgment of the Court of First
                   of 18 September 1996                                  Instance of 29 June 1993 in Case T-7/92 Asia
in Case T-387/94 : Asia Motor France SA and Others v.                    Motor France and Others v. Commission [ 1 993 ]
       Commission of the European Communities (')                        ECR 11-669 ;
(Competition — Obligations with regard to the
investigation of complaints — Legality of grounds for
                                                                    7. orders the Commission to bear its own costs and to pay
rejection — Manifest error of assessment — Statement of
                                                                         half the applicants ' costs.
                             reasons)
                         ( 96/C 336/50 )
                                                                    (') OJ No C 392 , 31 . 12 . 1994 .
               (Language of the case: French)
In Case T-387/94 : Asia Motor France SA , established at
Livange ( Luxembourg ), Jean-Michel Cesbron , trading as