CELEX: C2002/144/80
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 21 March 2002 in Case T-131/99: Michael Hamilton Shaw and Timothy John Falla v Commission of the European Communities (Competition — Beer supply agreements — Individual exemption — Article 85(3) of the EC Treaty (now Article 81(3) EC))

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: