CELEX: C1999/333/06
Language: en
Date: 1999-11-20 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 8 July 1999 in Case C-51/92 P: Hercules Chemicals NV v Commission of the European Communities (Appeal - Procedure - Obligation to deliver judgments in cases concerning the same decision at the same time - Rules of Procedure of the Commission - Procedure for the adoption of a decision by the College of Members of the Commission - Competition rules applicable to undertakings - Rights of the defence - Access to the file - Fine)

C 333/4                EN                      Official Journal of the European Communities                                        20.11.1999
4. Dismisses the cross-appeal by Anic Partecipazioni SpA, formerly        2. Orders Hercules Chemicals NV to pay the costs.
    Anic SpA, then Enichem Anic SpA;
                                                                          (1) OJ C 77 of 28.3.1992.
5. Orders each party to bear its own costs relating to the proceedings
    before the Court of First Instance;
6. Orders Anic Partecipazioni SpA, formerly Anic SpA, then
    Enichem Anic SpA, to pay the costs relating to these proceedings.
                                                                                           JUDGMENT OF THE COURT
(1) OJ C 77 of 28.3.1992.                                                                          (Sixth Chamber)
                                                                                                     of 8 July 1999
                                                                          in Case C-199/92 P: Hüls AG v Commission of the
                                                                                             European Communities (1)
                                                                          (Appeal — Rules of Procedure of the Court of First Instance
                                                                          — Reopening of the oral procedure — Commission’s Rules
                                                                          of Procedure — Procedure for the adoption of a decision by
                JUDGMENT OF THE COURT                                     the College of Members of the Commission — Competition
                                                                          rules applicable to undertakings — Concepts of agreement
                                                                          and concerted practice — Principles and rules applicable to
                         (Sixth Chamber)                                           evidence — Presumption of innocence — Fine)
                           of 8 July 1999                                                           (1999/C 333/07)
in Case C-51/92 P: Hercules Chemicals NV v Commission                                        (Language of the case: German)
               of the European Communities (1)
                                                                          (Provisional translation; the definitive translation will be published
(Appeal — Procedure — Obligation to deliver judgments in                                     in the European Court Reports)
cases concerning the same decision at the same time — Rules
of Procedure of the Commission — Procedure for the
                                                                          In Case C-199/92 P: Hüls AG, whose registered office is in Marl,
adoption of a decision by the College of Members of the                   Germany, represented by H.-J. Herrmann and subsequently by
Commission — Competition rules applicable to undertakings                 F. Montag, Rechtsanwälte, Cologne, with an address for service
    — Rights of the defence — Access to the file — Fine)                  in Luxembourg at the Chambers of Messrs Loesch & Wolter, 8
                                                                          Rue Zithe, supported by DSM NV, whose registered office is in
                         (1999/C 333/06)                                  Heerlen, Netherlands, represented by I.G.F. Cath, of The Hague
                                                                          Bar, with an address for service in Luxembourg at the
                                                                          Chambers of L. Dupong, 14a Rue des Bains, appeal against the
                                                                          judgment of the Court of First Instance (First Chamber) of
                   (Language of the case: English)                        10 March 1992 in Case T-9/89 Hüls v Commission [1992]
                                                                          ECR II-499, seeking to have that judgment set aside, the other
                                                                          party to the proceedings being the Commission of the
In Case C-51/92 P: Hercules Chemicals NV, whose registered                European Communities (Agents: G. zur Hausen and B. Jansen)
office is at Beringen, Belgium, represented by M. Siragusa, of            the Court (Sixth Chamber), composed of: P.J.G. Kapteyn,
the Rome Bar, with an address for service in Luxembourg at
                                                                          President of the Chamber, G. Hirsch, G.F. Mancini (Rapporte-
the Chambers of Messrs Elvinger & Hoss, 15 Côte d’Eich,
                                                                          ur), J.L. Murray and H. Ragnemalm, Judges; G. Cosmas, Advo-
appeal against the judgment of the Court of First Instance of
                                                                          cate General; H. von Holstein, Deputy Registrar, and D. Louter-
the European Communities (First Chamber) of 17 December                   man-Hubeau, Principal Administrator, for the Registrar, has
1991 in Case T-7/89 Hercules v Commission[1991] ECR II-                   given a judgment on 8 July 1999, in which it:
1711, seeking to have that judgment set aside, the other party
to the proceedings being the Commission of the European                   1. Dismisses the appeal;
Communities (Agent: K. Banks) — the Court (Sixth Chamber),
composed of: P.J.G. Kapteyn, President of the Chamber,                    2. Orders Hüls AG to pay the costs;
G. Hirsch, G.F. Mancini (Rapporteur), J.L. Murray and H. Rag-
nemalm, Judges; G. Cosmas, Advocate General; H. von Hol-                  3. Orders DSM NV to pay its own costs.
stein, Deputy Registrar, and D. Louterman-Hubeau, Principal
Administrator, for the Registrar, has given a judgment on
8 July 1999, in which it:                                                 (1) OJ C 167 of 4.7.1992.
1. Dismisses the appeal;