CELEX: C2000/163/04
Language: en
Date: 2000-06-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 30 March 2000 in Case C-265/97 P: Coöperatieve Vereniging De Verenigde Bloemenveilingen Aalsmeer BA (VBA) v Florimex BV and Others (Appeal — Competition — Decision rejecting a complaint — Compatibility with Article 2 of Regulation No 26 of a fee charged to external suppliers on floricultural products supplied to wholesalers established on the premises of a cooperative society of auctioneers — Statement of reasons)

10.6.2000               EN                      Official Journal of the European Communities                                            C 163/3
2. So long as it has not been withdrawn or declared invalid, an E          B.J. Drijber) — the Court (Fifth Chamber), composed of:
    101 certificate, issued in accordance with Article 11a of Council      J.C. Moitinho de Almeida, President of the Sixth Chamber,
    Regulation (EEC) No 574/72 of 21 March 1972, fixing                    acting as President of the Fifth Chamber, L. Sevón,
    the procedure for implementing Regulation No 1408/71,                  J.-P. Puissochet, P. Jann (Rapporteur) and M. Wathelet, Judges;
    as amended and updated by Regulation No 2001/83 and                    A. Saggio, Advocate General; L. Hewlett, Administrator, for
    subsequently by Regulation No 3811/86, is binding both upon            the Registrar, has given a judgment on 30 March 2000, in
    the competent institution of the Member State to which a self-         which it:
    employed person goes in order to carry out a work assignment
    and the person who calls upon the services of that worker.             1. Dismisses the appeal;
3. The E 101 certificate, issued in accordance with Article 11a of         2. Orders Coöperatieve Vereniging De Verenigde Bloemenveilingen
    Regulation No 574/72, may have retroactive effect.                          Aalsmeer BA (VBA) to bear its own costs and to pay those of
                                                                                Florimex BV and Vereniging van Groothandelaren in Bloem-
                                                                                kwekerijprodukten (VGB) relating to the proceedings before the
(1) OJ C 212 of 12.7.1997.                                                      Court of Justice;
                                                                           3. Orders the Commission to bear its own costs.
                                                                           (1) OJ C 295 of 30.3.2000.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                         of 30 March 2000                                                    JUDGMENT OF THE COURT
in Case C-265/97 P: Coöperatieve Vereniging De Verenig-                                               (Fifth Chamber)
de Bloemenveilingen Aalsmeer BA (VBA) v Florimex BV
                           and Others (1)
                                                                                                    of 30 March 2000
(Appeal — Competition — Decision rejecting a complaint
— Compatibility with Article 2 of Regulation No 26 of a                    in Case C-266/97 P: Coöperatieve Vereniging De Verenig-
fee charged to external suppliers on floricultural products                de Bloemenveilingen Aalsmeer BA (VBA) v Vereniging
supplied to wholesalers established on the premises of a                   van Groothandelaren in Bloemkwekerijproducten (VGB),
 cooperative society of auctioneers — Statement of reasons)                                            Florimex BV (1)
                          (2000/C 163/04)                                  (Appeal — Competition — Closure of procedure on a
                                                                           complaint in the absence of a response by the complainants
                                                                           within the time-limit notified to them — Compatibility with
                    (Language of the case: Dutch)                          Article 85(1) of the Treaty of a fee levied on suppliers
                                                                           who have concluded agreements relating to the delivery of
                                                                           floricultural products to undertakings established on the
(Provisional translation; the definitive translation will be published     premises of a cooperative auction society — Compatibility
                   in the European Court Reports)                          with Article 85(1) of the EC Treaty of an exclusive purchase
                                                                           obligation accepted by certain wholesalers reselling such
                                                                           products to retailers in a specific trading area forming part
In Case C-265/97 P: Coöperatieve Vereniging De Verenigde                   of the same premises — Discrimination — Effect on trade
Bloemenveilingen Aalsmeer BA (VBA), established in Aalsmeer                between Member States — Assessment by reference to a
(Netherlands), represented by G. van der Wal, of the Brussels              body of rules taken as a whole — Lack of appreciable effect)
Bar, with an address for service in Luxembourg at the
Chambers of A. May, 31 Grand-Rue — Appeal against the
judgment of the Court of First Instance of the European                                               (2000/C 163/05)
Communities (Second Chamber, Extended Composition) of
14 May 1997 in Joined Cases T-70/92 and T-71/92 Florimex
and VGB v Commission [1997] ECR II-693, seeking to have                                         (Language of the case: Dutch)
that judgment set aside, the other parties to be proceedings
being: Florimex BV and Others and Vereniging van Groothan-
delaren in Bloemkwekerijprodukten (VGB), established in                    (Provisional translation; the definitive translation will be published
Aalsmeer (Netherlands), represented by J.A.M.P. Keijser, of the                                in the European Court Reports)
Nijmegen Bar, with an address for service in Luxembourg at
the Chambers of A. Kronshagen, 22 Rue Marie-Adélaïde and                   In Case C-266/97 P: Coöperatieve Vereniging De Verenigde
Commission of the European Communities, (Agent:                            Bloemenveilingen Aalsmeer BA (VBA), established in Aalsmeer