CELEX: C1998/026/09
Language: en
Date: 1998-01-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 27 November 1997 in Case T-290/94: Kaysersberg SA v. Commission of the European Communities (Competition - Regulation (EEC) No 4064/89 - Decision declaring a concentration to be compatible with the common market - Commitments - Feminine hygiene products - Action for annulment - Admissibility - Infringement of essential procedural requirements - Consultation of third parties - Dominant position)

24.1.98              EN                 Official Journal of the European Communities                                    C 26/5
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 27 November 1997                                                of 9 December 1997
in Case T-290/94: Kaysersberg SA v. Commission of the
                 European Communities (1)                          in Joined Cases T-195/94 and T-202/94: Friedhelm
                                                                   Quiller and Johann Heusmann v. Commission of the
(Competition Ð Regulation (EEC) No 4064/89 Ð                                        European Communities (1)
Decision declaring a concentration to be compatible with
the common market Ð Commitments Ð Feminine                         (Action for damages Ð Non-contractual liability Ð Milk
hygiene products Ð Action for annulment Ð                          Ð Additional levy Ð Reference quantity Ð Regulation
Admissibility Ð Infringement of essential procedural               (EEC) No 2055/93 Ð Compensation for producers Ð
requirements Ð Consultation of third parties Ð                                          Limitation period)
                     Dominant position)
                                                                                           (98/C 26/10)
                         (98/C 26/09)
               (Language of the case: French)
                                                                                 (Language of the case: German)
In Case T-290/94: Kaysersberg SA, established in
Kaysersberg (France), represented by Dominique Voillemot
and Jacques-Philippe Gunther, of the Paris Bar, with an            In Joined Cases T-195/94 and T-202/94: Friedhelm Quiller,
address for service in Luxembourg at the chambers of               of Lienen (Germany), and Johann Heusmann, of Loxstedt
Jacques Loesch, 11 Rue Goethe against Commission of                (Germany), represented by Bernd Meisterernst, Mechtild
the European Communities (Agents: represented initially            Düsing, Dietrich Manstetten, Frank Schulze and Winfried
by Francisco GonzaÂlez Díaz and GeÂraud de Bergues,                Haneklaus, Rechtsanwälte, Münster, with an address for
subsequently by Giuliano Marenco and Guy Charrier),                service in Luxembourg at the Chambers of Lambert
supported by Procter & Gamble GmbH, established in                 Dupong and Guy Konsbruck, 14 A Rue des Bains, v.
Schwalbach (Germany), represented by Mario Siragusa, of            Council of the European Union (Agents: Arthur
the Rome Bar, Giuseppe Scasselati-Sforzolini, of the               Brautigam, Hans-Jürgen Rabe and Georg M. Berrisch) Ð
Bologna Bar, and Nicholas Levy, barrister, of the Bar of           application for compensation, under Article 178 and the
England and Wales, with an address for service in                  second paragraph of Article 215 of the EC Treaty, for
Luxembourg at the chambers of Elvinger and Hoss, 2                 damage suffered by the applicants as a result of their
Place Winston Churchill Ð application for the annulment            being prevented from marketing milk by virtue of Council
of Commission Decision 94/893/EC of 21 June 1994                   Regulation (EEC) No 857/84 of 31 March 1984 adopting
relating to a proceeding under Council Regulation (EEC)            general rules for the application of the levy referred to in
No 4064/89 declaring a concentration to be compatible              Article 5c of Regulation (EEC) No 804/68 in the milk and
with the common market and the functioning of the EEA              milk products sector (OJ L 90, 1.4.1984, p. 13), as
Agreement (IV/M.430 Ð Procter & Gamble/VP                          supplemented by Commission Regulation (EEC) No 1371/
Schickedanz (II), (OJ 1994 L 354, p. 32) Ð the Court of            84 of 16 May 1984 (OJ L 132, 18.5.1984, p. 11),
First Instance of the European Communities (Second                 amended by Council Regulation (EEC) No 764/89 of
Chamber, Extended Composition), composed of C. W.                  20 March 1989 (OJ L 84, 29.3.1989, p. 2) Ð the Court
Bellamy, President, C. P. BrieÈt, A. Kalogeropoulos, A.            of First Instance (First Chamber, Extended Composition),
Potocki and M. Jaeger, Judges, Registrar: J. Palacio               composed of: A. Saggio, President, C. P. BrieÈt, A.
GonzaÂlez, Administrator, has given a judgment on                  Kalogeropoulos, V. Tiili and R. M. Moura Ramos; A.
27 November 1997, in which it:                                     Mair, Administrator, for the Registrar, gave a judgment on
                                                                   9 December 1997 in which it:
1. dismisses the application;
                                                                   1. orders the defendants to pay compensation for the
2. orders the applicant to pay the costs, including the                damage suffered by the applicants, first, as a result of
    costs incurred by the intervener, P&G.                             the application of Council Regulation (EEC) No 857/
                                                                       84 of 31 March 1984 adopting general rules for the
                                                                       application of the levy referred to in Article 5c of
(1) OJ C 316, 12.11.1994.
                                                                       Regulation (EEC) No 804/68 in the milk and milk
                                                                       products sector, as supplemented by Commission
                                                                       Regulation (EEC) No 1371/84 of 16 May 1984 laying
                                                                       down detailed rules for the application of the