CELEX: C2000/102/39
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of First Instance of 17 February 2000 in Case T-241/97: Stork Amsterdam BV v Commission of the European Communities (Competition — Administrative procedure — Examination of complaints — Infringement of Article 85 of the EC Treaty (now Article 81 EC)— Comfort letters — Reopening the procedure — Statement of reasons — Duty to provide — Extent — Cooperation agreement — Exclusive mutual supply clause — No-compete clause)

C 102/20                  EN                    Official Journal of the European Communities                                       8.4.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 17 February 2000
                                                                                                 of 15 December 1999
in Case T-241/97: Stork Amsterdam BV v Commission of
                  the European Communities (1)
                                                                           in Case T-300/97: Benito Latino v Commission of the
                                                                                              European Communities (1)
(Competition — Administrative procedure — Examination
of complaints — Infringement of Article 85 of the EC Treaty
(now Article 81 EC) — Comfort letters — Reopening the
procedure — Statement of reasons — Duty to provide —                       (Officials — Occupational disease — Exposure to asbestos
Extent — Cooperation agreement — Exclusive mutual                          — Rate of permanent partial invalidity — Irregularity of
               supply clause — No-compete clause)                          the opinion of the medical board — Failure to state reasons)
                            (2000/C 102/39)
                                                                                                     (2000/C 102/40)
                      (Language of the case: Dutch)
In Case T-241/97: Stork Amsterdam BV, established in Amster-                                   (Language of the case: French)
dam, represented by A.J. Braakman, of the Rotterdam Bar,
with an address for service in Luxembourg at the Chambers of
Loesch and Wolter, 11 Rue Goethe, against Commission of
the European Communities (Agents: Wouter Wils and Hans                     In Case T-300/97: Benito Latino, a former official of the
Gilliams), supported by Serac Group, established in Paris,                 Commission of the European Communities, residing in Brus-
represented by Mary-Claude Mitchell, of the Paris Bar, with an             sels, represented initially by Olivier Eben, of the Brussels Bar,
address for service in Luxembourg at the Chambers of Guy                   with an address for service in Luxembourg at the Chambers
Harles, 8-10 Rue Mathias Hardt — application for annulment                 of Jean Tonner, 29 Rue du Fossé, Esch-sur-Alzette, and
of the decision contained in the Commission’s letter of 20 June            subsequently by Georges Vandersanden and Laure Levi, of the
1997 rejecting the complaint made by the applicant with a                  Brussels Bar, with an address for service in Luxembourg at the
view to obtaining a declaration that a cooperation agreement               offices of Société de Gestion Fiduciaire, 2-4 Rue Beck, v
it entered into with Serac Group to market complete pro-                   Commission of the European Communities (Agents: Julian
duction lines for manufacturing plastic bottles and filling them           Currall and Jean-Luc Fagnart) — application, first, for annul-
aseptically with liquid foods is incompatible with Article 85 of           ment of the Commission’s decision of 11 February 1997
the EC Treaty (now Article 81 EC) — the Court of First                     acknowledging the applicant’s occupational disease and fixing
Instance (Fourth Chamber), composed of: R.M. Moura Ramos,                  his rate of permanent partial invalidity at 5 % and, second, for
President, V. Tiili and P. Mengozzi, Judges; A. Mair, Adminis-             compensation for the non—material damage allegedly suffered
trator, for the Registrar, has given a judgment on 17 February             by the applicant — the Court of First Instance (Second
2000, in which it:                                                         Chamber), composed of: A. Potocki, President, and C.W. Bella-
                                                                           my and A.W.H. Meij, Judges; H. Jung, Registrar, has given a
                                                                           judgment on 15 December 1999, in which it:
1. Annuls the Commission’s decision contained in its letter of
     20 June 1997, rejecting the complaint made by the applicant
     seeking a declaration that a cooperation agreement between Stork      1. Annuls the Commission’s decision of 11 February 1997
     Amsterdam BV and Serac Group for marketing production lines                concerning the applicant’s request for acknowledgement of his
     for manufacturing plastic bottles and aseptically filling them             occupational disease;
     with liquid foods is incompatible with Article 85 of the EC
     Treaty (now Article 81 EC);
                                                                           2. Dismisses the remainder of the application;
2. Orders the Commission to bear its own costs and to pay those
     incurred by the applicant, apart from those occasioned to the
     applicant by the intervention of Serac which shall bear its own       3. Orders the Commission to pay the costs.
     costs, and the applicant to bear the costs it has incurred as a
     result of Serac’s intervention.
                                                                           (1) OJ C 41 of 7.2.1998.
(1) OJ C 357 of 22.11.1997.