CELEX: C2004/085/43
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court of First Instance of 11 December 2003 in Case T-306/00: Conserve Italia Soc. coop. rl v Commission of the European Communities (Agriculture — EAGGF — Reduction of financial aid — Statement of reasons — Error of assessment — Principle of proportionality)

3.4.2004                  EN                          Official Journal of the European Union                                               C 85/23
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      of 13 January 2004
                         of 11 December 2003
                                                                              in Case T-67/01: JCB Service v Commission of the
                                                                                                  European Communities (1)
in Case T-306/00: Conserve Italia Soc. coop. rl v Com-
            mission of the European Communities (1)
                                                                               (Competition — Article 81 EC — Distribution agreements)
(Agriculture — EAGGF — Reduction of financial aid —
Statement of reasons — Error of assessment — Principle of                                                (2004/C 85/44)
                            proportionality)
                                                                                                  (Language of the case: English)
                             (2004/C 85/43)
                                                                              In Case T-67/01, JCB Service, established in Rocester, Stafford-
                      (Language of the case: Italian)                         shire (United Kingdom), represented by R. Fowler QC, R. And-
                                                                              erson, barrister, L. Carstensen, solicitor, and initially by
                                                                              M. Israel, and, subsequently, by S. Smith, solicitors, with an
                                                                              address for service in Luxembourg, v Commission of the
                                                                              European Communities (Agents: A. Whelan and S. Rating):
                                                                              Application as a principal claim, for annulment of Commission
In case T-306/00: Conserve Italia Soc. coop. rl, established in               Decision 2002/190/EC of 21 December 2000 relating to a
San Lazzaro di Savena (Italy), represented by M. Averani,                     proceeding under Article 81 of the EC Treaty (Case COMP.F.1/
A. Pisaneschi and S. Zunarelli, lawyers, with an address for                  35.918 — JCB) (OJ 2002 L 69, p. 1), and, in the alternative,
service in Luxembourg, against Commission of the European                     for partial annulment of that decision and corresponding
Communities (Agents: L. Visaggio and M. Moretto) — appli-                     reduction of the fine imposed on JCB Service, the Court of
cation for annulment of Commission Decision C(2000) 1752                      First Instance (First Chamber), composed of: B. Vesterdorf,
of 11 July 2000 reducing aid from the Guidance Section of the                 President, J. Azizi and H. Legal, Judges; J. Plingers, Adminis-
EAGGF for Project No 88.41.IT.002.0 entitled ‘Technical                       trator, for the Registrar, has given a judgment on 13 January
modernisation of an establishment processing products in the                  2004, in which it:
fruit and vegetable sector at Alseno (Piacenza)’ — the Court
of First Instance (Fifth Chamber), composed of: R. García-
                                                                              1.    Annuls Article 1(c), (d) and (e) and Article 3(d) and (e) of
Valdecasas, President, P. Lindh and J. D. Cooke, Judges,
                                                                                    Commission Decision 2002/190/EC of 21 December 2000
J. Plingers, Administrator, acting for the Registrar, has given a
                                                                                    relating to a proceeding under Article 81 of the EC Treaty
judgment on 11 December 2003, in which it:
                                                                                    (Case COMP.F.1/35.918 — JCB);
                                                                              2.    Reduces the amount of the fine imposed on the applicant by
1.     Annuls Commission Decision C(2000) 1752 of 11 July 2000                      Article 4 of Decision 2002/190 to EUR 30 million;
       reducing aid from the Guidance Section of the EAGGF for
       Project No 88.41.IT.002.0, entitled ‘Technical modernisation
       of an establishment processing products in the fruit and               3.    Declares that there is no need to adjudicate on the claims
       vegetable sector at Alseno (Piacenza)’;                                      seeking the production of certain documents on the court file
                                                                                    declared non accessible during the administrative procedure;
2.     Orders the Commission to bear its own costs and to pay four            4.    Dismisses the remainder of the application;
       fifths of those incurred by the applicant;
                                                                              5.    Orders the applicant to bear three quarters of its own costs;
3.     Orders the applicant to bear one fifth of its own costs.
                                                                              6.    Orders the Commission to bear its own costs and a quarter of
                                                                                    the costs incurred by the applicant.
(1) OJ C 355 of 9.12.2000.
                                                                              (1) OJ C 186 of 30.06.2001.