CELEX: C2003/264/04
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 18 September 2003 in Case C-338/00 P: Volkswagen AG (Appeal — Competition — Distribution of motor vehicles — Partitioning of the market — Article 85 of the EC Treaty (now Article 81 EC) — Regulation (EEC) No 123/85 — Whether the infringement can be attributed to the undertaking concerned — Right to a fair hearing — Duty to state reasons — Legal consequences of disclosure to the press — Effect of propriety of the notification on the calculation of the fine — Cross-appeal)

1.11.2003                EN                          Official Journal of the European Union                                               C 264/3
4.    Article 12 EC and the second subparagraph of Article 34(2)                              JUDGMENT OF THE COURT
      EC do not preclude the adoption of measures such as those at
      issue in the main proceedings against a dairy cooperative which
      enjoys market power and exploits that position in a manner                                      (Sixth Chamber)
      contrary to the public interest, even though large vertically-
      integrated dairy cooperatives are permitted to operate in other
      Member States.
                                                                                                   of 18 September 2003
(1) OJ C 176 of 24.6.2000.
                                                                                         in Case C-338/00 P: Volkswagen AG (1)
                                                                             (Appeal — Competition — Distribution of motor vehicles
                                                                             — Partitioning of the market — Article 85 of the EC Treaty
                                                                             (now Article 81 EC) — Regulation (EEC) No 123/85
                  JUDGMENT OF THE COURT                                      — Whether the infringement can be attributed to the
                                                                             undertaking concerned — Right to a fair hearing — Duty to
                           (Fifth Chamber)                                   state reasons — Legal consequences of disclosure to the press
                                                                             — Effect of propriety of the notification on the calculation
                       of 18 September 2003                                                     of the fine — Cross-appeal)
in Case C-331/00: Hellenic Republic v Commission of the
                    European Communities (1)                                                          (2003/C 264/04)
(EAGGF — Clearance of accounts — Financial years 1996,
1997 and 1998 — Arable crops — Beef — Aid for early                                             (Language of the case: German)
                              retirement)
                          (2003/C 264/03)                                    (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                     (Language of the case: Greek)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-338/00 P, Volkswagen AG, established in Wolfsburg
                                                                             (Germany) (represented by R. Bechtold): Appeal against the
                                                                             judgment of the Court of First Instance of the European
In Case C-331/00, Hellenic Republic (Agents: V. Kontolaimos                  Communities (Fourth Chamber) of 6 July 2000 in Case T-62/
and I. K. Chalkias, as well as by C. Tsiavou) v Commission of                98 Volkswagen v Commission [2000] ECR II-2707, seeking
the European Communities (Agent: M. Condou-Durande):                         to have that judgment set aside in part, the other party to the
Application for partial annulment of Commission Decision                     proceedings being: Commission of the European Communities
2000/449/EC of 5 July 2000 excluding from Community                          (Agent: K. Wiedner, assisted by H.-J. Freund), the Court (Sixth
financing certain expenditure incurred by the Member States                  Chamber), composed of: J.-P. Puissochet, President of the
under the Guarantee Section of the European Agricultural                     Chamber, C. Gulmann, V. Skouris (Rapporteur), F. Macken
Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180,                          and N. Colneric, Judges; D. Ruiz-Jarabo Colomer, Advocate
p. 49), in so far as its concerns the Hellenic Republic, the Court           General; M.-F. Contet, Principal Administrator, for the Regis-
(Fifth Chamber), composed of: D.A.O. Edward (Rapporteur),                    trar, has given a judgment on 18 September 2003, in which it:
acting for the President of the Fifth Chamber, A. La Pergola,
P. Jann, S. von Bahr and A. Rosas, Judges; A. Tizzano, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-               1.    Dismisses the main appeal and the cross-appeal;
trar, has given a judgment on 18 September 2003, in which it:
1.    Dismisses the application;                                             2.    Orders each party to bear its own costs.
2.    Orders the Hellenic Republic to pay the costs.
                                                                             (1) OJ C 335 of 25.11.2000.
(1) OJ C 355 of 9.12.2000.