CELEX: C2001/161/31
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court of First Instance of 13 February 2001 in Joined Cases T-133/98 and T-134/98 Hewlett Packard France and Hewlett Packard Europe BV, v Commission of the European Communities (Action for annulment — Common Customs Tariff — Tariff headings — Tariff classification of certain hardware for use in local area computer networks — Classification in the Combined Nomenclature)

C 161/14              EN                      Official Journal of the European Communities                                              2.6.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 7 February 2001                                                          of 13 February 2001
in Case T-89/98 National Association of Licensed Open-
cast Operators (NALOO) v Commission of the European                      in Joined Cases T-133/98 and T-134/98 Hewlett Packard
                         Communities (1)                                 France and Hewlett Packard Europe BV, v Commission of
                                                                                            the European Communities (1)
(ECSC — UK market for electricity generating coal —
Rejection of a complaint alleging discriminatory pricing and             (Action for annulment — Common Customs Tariff — Tariff
abusive royalties — Powers of the Commission — Duty to                   headings — Tariff classification of certain hardware for use
                           state reasons)                                in local area computer networks — Classification in the
                                                                                                Combined Nomenclature)
                         (2001/C 161/30)
                                                                                                     (2001/C 161/31)
                  (Language of the case: English)
                                                                                               (Language of the case: French)
In Case T-89/98 National Association of Licensed Opencast
Operators (NALOO), whose registered office is in Newcastle
upon Tyne (United Kingdom), represented by M. Cran QC                    In Joined Cases T-133/98 and T-134/98 Hewlett Packard
and M. Hoskins, Barrister, with an address for service in                France, established in Courcouronnes (France), and Hewlett
Luxembourg, against Commission of the European Communi-                  Packard Europe BV, established in Amstelveen (Netherlands),
ties (Agents: K. Leivo, M. Erhart and J. Flynn), supported by            represented initially by F. Goguel and A. Trager, and sub-
British Coal Corporation, whose registered office is in London,          sequently by F. Goguel and F. Foucault, avocats, with an
represented by D. Vaughan QC, D. Lloyd Jones, Barrister, and             address for service in Luxembourg, against Commission of the
C. Mehta, Solicitor, with an address for service in Luxembourg,          European Communities (Agents: R. Wainwright and R. Tricot)
by National Power plc, whose registered office is in Swindon             — application for the annulment of Commission Decision
(United Kingdom), represented by D. Anderson and P. Roth,                98/406/EC of 16 June 1998 concerning the validity of certain
Barristers, and G. Chapman, Solicitor, with an address for               binding tariff information (OJ L 178, 1998, p. 45) in so far as
service in Luxembourg, and by PowerGen plc, whose registered             it requires the revocation of, in particular, in Case T-133/98,
office is in London, represented by P. Lasok, Barrister, and             Binding Tariff Information FR 12030199700151 and, in Case
N. Lomas, Solicitor, with an address for service in Luxembourg           T-134/98, FR 12030199701394, FR 12030199702134 and
— application for the annulment of Decision IV/E—3/NALOO                 FR 12030199702135 — the Court of First Instance (Fifth
of the Commission of 27 April 1998 rejecting the applicant’s             Chamber), composed of: P. Lindh, President, R. Garcı́a-Valdeca-
complaint concerning infringement of the ECSC Treaty — the               sas and J.D. Cooke, Judges; B. Pastor, Principal Administrator,
Court of First Instance (Second Chamber), composed of:                   for the Registrar, has given a judgment on 13 February 2001,
J. Pirrung, President, A. Potocki and A.W.H. Meij, Judges;               in which it:
G. Herzig, Administrator, for the Registrar, has given a
judgment on 7 February 2001, in which it:
                                                                         1.    Annuls Commission Decision 98/406/EC of 16 June 1998
                                                                               concerning the validity of certain binding tariff information in
1.    Annuls Decision IV/E-3/NALOO of 27 April 1998;                           so far as it requires the revocation of Binding Tariff Information
                                                                               FR      12030199700151,              FR      12030199701394,
                                                                               FR 12030199702134 and FR 12030199702135;
2.    Orders the Commission to pay its own costs and those of the
      applicant;
                                                                         2.    Orders the Commission to bear its own costs and to pay those
3.    Orders the interveners British Coal Corporation, National                of the applicants.
      Power plc and PowerGen plc to pay their own costs.
                                                                         (1) OJ C 358 of 21.11.98.
(1) OJ C 234 of 25.7.98.