CELEX: C2002/156/60
Language: en
Date: 2002-06-29 00:00:00
Title: Case T-101/02: Action brought on 5 April 2002 by Ineos NV against the Commission of the European Communities

29.6.2002               EN                       Official Journal of the European Communities                                         C 156/31
According to the applicant, the remedy in the Shell/DEA case                Pleas in law and main arguments
remains ineffective as long as this problem is not addressed.
According to the applicant, the commitment from BP/E.ON,
that it will not use its voting rights to block any special                 The applicant in the present case is a purchaser of merchant
resolutions pending the sale of the shares to be divested, is               ethylene outside the ARG+ pipeline network.
insufficient and remains unclear on what is to happen in a
number of situations. The applicant claims therefore that this
commitment does not offer an interim solution at all.
                                                                            The applicant contests the Decision of the Commission
                                                                            declaring an operation where Deutsche Shell GmbH would
                                                                            acquire sole control of the undertaking DEA Mineraloel AG
                                                                            under certain conditions compatible with the common market
(1) With the operation examined by the Commission in this case, BP,         and the EEA Agreement. These conditions were necessary
    together with E.ON would acquire joint control of Veba Oel. The         since the operation gave rise to substantial competition
    Decision of the Commission in case no. COMP/M.2533-BP/E.ON              concerns on the ARG+ merchant ethylene market. In particu-
    is also contested by this applicant in Case T-101/02.                   lar, there was a risk of creating a joint dominant position of
(2) Council Regulation (EEC) No 4064/89 of 21 December 1989 on              Shell/DEA and BP/Veba Oel (case no. COMP/M.2533-BP/
    the control of concentrations between undertakings (OJ L 395 of         E.ON (1).
    30.12.1989 p. 1; text republished in OJ L 257 of 21.9.1990,
    p. 13).
                                                                            According to the applicant, the present Decision has an
                                                                            important effect on the ARG+ merchant ethylene market.
                                                                            There is a clear price link between this market and markets for
                                                                            merchant ethylene outside the ARG+, in which the applicant
                                                                            operates.
                                                                            The pleas and arguments put forward in the present case are
                                                                            the same as those put forward in Case T-99/02.
Action brought on 5 April 2002 by EVC International N.V.
against the Commission of the European Communities
                                                                            (1) With the operation examined by the Commission in this case, BP,
                                                                                together with E.ON, would acquire joint control of Veba Oel. The
                           (Case T-100/02)                                      Decision of the Commission in case no. COMP/M.2533-BP/E.ON
                                                                                is also contested by this applicant in Case T-102/02.
                          (2002/C 156/59)
                    (Language of the case: English)
                                                                            Action brought on 5 April 2002 by Ineos NV against the
An action against the Commission of the European Communi-                             Commission of the European Communities
ties was brought before the Court of First Instance of the
European Communities on 5 April 2002 by EVC International
N.V., represented by Mr Julian Ellison, Mr Mark Clough QC                                              (Case T-101/02)
and Mr Matthew Hall of Ashurst Morris Crisp, Brussels
(Belgium).
                                                                                                      (2002/C 156/60)
The applicant claims that the Court should:                                                     (Language of the case: English)
—      annul under Article 230 of the EC Treaty, the Commission
       Decision in case no. COMP/M.2389-Shell/DEA in its
       entirety and/or insofar as it concerns the market for                An action against the Commission of the European Communi-
       supply of merchant ethylene;                                         ties was brought before the Court of First Instance of the
                                                                            European Communities on 5 April 2002 by Ineos NV,
                                                                            represented by Mr Julian Ellison, Mr Mark Clough QC and Mr
—      order the Commission to pay the costs                                Matthew Hall of Ashurst Morris Crisp, Brussels (Belgium).
 ---pagebreak--- C 156/32               EN                      Official Journal of the European Communities                                     29.6.2002
The applicant claims that the Court should:                               Action brought on 5 April 2002 by EVC International N.V.
                                                                          against the Commission of the European Communities
—     annul under Article 230 of the EC Treaty the Commission
                                                                                                  (Case T-102/02)
      Decision in case no. COMP/M.2533-BP/E.ON in its
      entirety and/or insofar it concerns the market for the
      supply of merchant ethylene;
                                                                                                  (2002/C 156/61)
—     order the Commission to pay the costs.                                                 (Language of the case: English)
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
Pleas in law and main arguments                                           European Communities on 5 April 2002 by EVC International
                                                                          N.V., represented by Mr Julian Ellison, Mr Mark Clough QC
                                                                          and Mr Matthew Hall of Ashurst Morris Crisp, Brussels
                                                                          (Belgium).
The applicant in the present case is a purchaser of merchant
ethylene on the ARG+ pipeline network in Belgium, the
                                                                          The applicant claims that the Court should:
Netherlands and western Germany.
                                                                          —     annul under Article 230 of the EC Treaty the Commission
                                                                                Decision in case no. COMP/M.2533-BP/E.ON in its
                                                                                entirety and/or insofar it concerns the market for the
The applicant contests the Decision of the Commission                           supply of merchant ethylene;
declaring an operation where BP, together with E.ON, would
acquire joint control of Veba Oel under certain conditions
compatible with the common market and the EEA Agreement.                  —     order the Commission to pay the costs.
These conditions were necessary since the operation gave rise
to substantial competition concerns on the ARG+ merchant
ethylene market. In particular, there was a risk of creating a
joint dominant position of BP/Veba Oel and Shell/DEA (case
no. COMP/M. 2389-Shell/DEA (1).
                                                                          Pleas in law and main arguments
                                                                          The applicant in the present case is a purchaser of merchant
The decisions in the BP/E.ON case is closely related to the               ethylene outside the ARG+ pipeline network.
decision in the Shell/DEA case. These cases were treated
similarly and the remedies imposed in each case are only
effective if the remedies in the other case are operative as well.
Therefore, the applicant puts forward the same arguments as               The applicant contests the Decision of the Commission
in Case T-99/02.                                                          declaring an operation where BP, together with E.ON, would
                                                                          acquire joint control of Veba Oel under certain conditions
                                                                          compatible with the common market and the EEA Agreement.
                                                                          These conditions were necessary since the operation gave rise
                                                                          to substantial competition concerns on the ARG+ merchant
                                                                          ethylene market. In particular, there was a risk of creating a
(1) Under the operation examined by the Commission in this case,          joint dominant position of BP/Veba Oel and Shell/DEA (case
    Deutsche Shell would acquire sole control of the undertaking          no. COMP/M. 2389-Shell/DEA (1).
    DEA Mineraloel. The decision in case nr COMP/M. 2389-Shell/
    DEA is also contested by this Applicant in Case T-99/02.
                                                                          The Decision in the BP/E.ON case is closely related to the
                                                                          decision in the Shell/DEA case. These cases were treated
                                                                          similarly and the remedies imposed in each case are only
                                                                          effective if the remedies in the other case are operative as well.