CELEX: C1998/358/33
Language: en
Date: 1998-11-21 00:00:00
Title: Action brought on 20 August 1998 by Hewlett Packard Europe BV against the Commission of the European Communities (Case T-134/98)

21.11.98              EN                 Official Journal of the European Communities                                  C 358/17
In particular, it emphasizes that the attempt to ascribe to         Pleas in law and main arguments adduced in support:
local area networks a function which is peculiar to
telecommunications is based on an excessively broad
interpretation of the concept of telecommunications. In its         The applicant contests the revocation of certain binding
view, the chief characteristic of telecommunications                tariff information concerning various machines having the
equipment is that it enables data to be transmitted over            functions of commutators and intended for use in local
unlimited distances; consequently, it is radically different        area networks.
from that used in local area networks. Moreover, that
difference in terms of distance is directly linked to a             The pleas in law and main arguments are the same as
functional difference. Transmissions within a local area            Case T-133/98 Hewlett Packard France v. Commission.
network are extremely rapid; such rapidity is technically
possible over short distances only. With long-distance
telecommunications, by contrast, the maximum speed of
transmission is very much slower.
The applicant further claims that the equipment in                  Action brought on 7 September 1998 by the
question simultaneously fulfils the three conditions which,         Amministrazione Autonoma dei Monopoli di Stato against
according to Note 5(B) of Chapter 84, must be met in                       the Commission of the European Communities
order for a unit to be regarded as forming part of a
complete system, and that it thus falls, in accordance with                               (Case T-139/98)
Note 5(C), within the scope of heading No 84.71: it                                        (98/C 358/34)
constitutes equipment of the type used exclusively in
automatic data processing systems, is connectable to the
central processing unit through the local area network or                          (Language of the case: Italian)
networks and is also able to accept data in a form which
can be used by the system.                                          An action against the Commission of the European
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 7 September
                                                                    1998 by the Amministrazione Autonoma dei Monopoli di
                                                                    Stato (Autonomous Administration of State Monopolies),
                                                                    represented by Pier Giorgio Ferri and Danilo Del Gaizo,
                                                                    of the Avvocatura Generale dello Stato, with an address
Action brought on 20 August 1998 by Hewlett Packard
                                                                    for service in Luxembourg at the Italian Embassy, 5 rue
Europe BV against the Commission of the European
                                                                    Marie-Adelaïde.
                         Communities
                       (Case T-134/98)
                                                                    The applicant claims that the Court should:
                        (98/C 358/33)
                                                                    Ð annul the contested decision, pursuant to the form of
               (Language of the case: French)                           order sought under Heading B (point 8 et seq.);
An action against the Commission of the European                    Ð in the alternative, annul that part of the decision
Communities was brought before the Court of First                       challenged in the remaining forms of order, and
Instance of the European Communities on 20 August                       accordingly reduce the scale of the fine imposed;
1998 by Hewlett Packard Europe BV, the registered office
of which is at Amstelveen (Netherlands), represented by
Fabrice Goguel and Anne Trager, of the Paris Bar, with an           Ð order the Commission to pay the costs.
address for service in Luxembourg at the Chambers of
Aloyse May, 31 Grand-rue.                                           Pleas in law and main arguments adduced in support:
The applicant claims that the Court should:                         The applicant in the present case (the AAMS') is a body
                                                                    forming part of the Amministrazione Finanziaria dello
Ð annul Commission Decision 98/406/EC of 16 June                    Stato Italiano (Financial Administration of the Italian
    1998, published on pages 45 and 46 of the Official              State), which, in addition to performing various
    Journal of the European Communities of 23 June                  administrative functions, is also involved in the production
    1998, in so far as it requires the revocation of Binding        and wholesale distribution of processed tobacco products.
    Tariff Information Nos FR 12030199701394,                       Through the contested decision (1), the defendant cast
    12030199702134 and 12030199702135, which had                    doubt on the compatibility with Article 86 of the EC
    correctly classified the machines in issue under heading        Treaty of certain conduct by the applicant organisation in
    8471.80.10;                                                     relation to a number of clauses in the standard-form
                                                                    contract for the distribution of cigarettes of other
                                                                    manufacturing undertakings and in relation to certain
Ð order the Commission to pay all the costs.                        unilateral steps taken in regard to imported cigarettes and