CELEX: C1999/366/56
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court of First Instance of 7 October 1999 in Case T-228/97: Irish Sugar plc v Commission of the European Communities (Article 86 of the EC Treaty (now Article 82 EC) - Dominant position and joint dominant position - Abuse - Fine)

C 366/26                 EN                     Official Journal of the European Communities                                  18.12.1999
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 7 October 1999
                                                                                                 of 26 October 1999
in Case T-228/97: Irish Sugar plc v Commission of the
                    European Communities (1)
                                                                           in Case T-51/98: Ann Ruth Burrill and Alberto Noriega
                                                                             Guerra v Commission of the European Communities (1)
(Article 86 of the EC Treaty (now Article 82 EC) — Domi-
nant position and joint dominant position — Abuse — Fine)
                                                                           (Officials — Working conditions — Maternity leave —
                           (1999/C 366/56)                                                  Shared between both parents)
                    (Language of the case: English)                                                (1999/C 366/57)
In Case T-228/97: Irish Sugar plc, established in Carlow,
Ireland, represented by Alexander Böhlke, of the Brussels and
Frankfurt am Main Bars, and Scott Crosby, Solicitor, with an                                 (Language of the case: French)
address for service in Luxembourg at the Chambers of Victor
Elvinger, 31 Rue d’Eich v Commission of the European
Communities (Agents: Klaus Wiedner and Conor Quigley)
— application for the annulment of Commission Decision                     In Case T-51/98: Ann Ruth Burrill, an official of the Com-
97/624/EC of 14 May 1997 relating to a proceeding pursuant                 mission of the European Communities, and Alberto Noriega
to Article 86 of the EC Treaty (IV/34.621, 35.059/F-3 — Irish              Guerra, a member of the temporary staff of the Commission
Sugar plc) (OJ 1997 L 258, p. 1) or, in the alternative, for the           of the European Communities, residing at Rosières, Belgium,
annulment of the third and fourth paragraphs of Article 3 of               represented by Georges Vandersanden, Laure Levi and Marie-
the operative part of that decision, in so far as they contain             Ange Marx, of the Brussels Bar, with an address for service in
instructions exceeding the scope of the abuses established in              Luxembourg at the offices of Fiduciaire Myson SARL, 30 Rue
points 5 and 6 of Article 1, and reduction of the fine imposed             de Cessange, v Commission of the European Communities
on the applicant by Article 2 of the operative part — the                  (Agents: Gianluigi Valsesia and Julian Currall), supported by
Court (Third Chamber), composed of: M. Jaeger, President,                  the Council of the European Union (Agents: Thérèse Blanchet
K. Lenaerts and J. Azizi, Judges; J. Palacio González, Adminis-           and Martin Bauer) — application for annulment of the
trator, for the Registrar, has given a judgment on 7 October               Commission’s decision of 24 February 1998 refusing the
1999, in which it:                                                         applicants’ request that part of the maternity leave provided
                                                                           for by Article 58 of the European Community Staff Regulations
1. Annuls Article 1(1) of the contested decision in so far as it finds     be shared between both parents such that, during the period
     that between 1986 and 1988 the applicant granted selectively          concerned, each parent would work half-time — the Court
     low prices to the customers of a French sugar importer;               of First Instance (Fifth Chamber), composed of J.D. Cooke,
                                                                           President, R. Garcı́a-Valdecasas and P. Lindh, Judges; J. Palacio
                                                                           González, Administrator, for the Registrar, gave a judgment
2. Reduces the fine imposed on the applicant by Article 2 of the           on 26 October 1999, the operative part of which is as follows:
     contested decision to EUR 7 883 326;
3. Dismisses the remainder of the action;                                  1. The application is rejected.
4. Orders the applicant to pay its own costs and two thirds of the
     Commission’s costs;                                                   2. Each of the parties shall bear its own costs.
5. Orders the Commission to pay one third of its own costs.
                                                                           (1) OJ No C 184 of 13.6.1998.
(1) OJ No C 318 of 18.10.97.