CELEX: C1995/054/04
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 January 1995 in Case C-360/92 P: Publishers Association v. Commission of the European Communities (Appeal - Competition - Net price system for books - Rejection of an application for exemption under Article 85 (3) - Indispensability of restrictions on competition)

4 . 3 . 95           EN                 Official Journal of the European Communities                                  No C 54/3
Fifth Chamber                                                      Messrs Norton Rose, Kempson House, PO Box 570,
                                                                   Camomile Street, London EC3A 7AN — the Court (Fifth
(President: Mr Gulmann)                                            Chamber), composed of: G. C. Rodriguez Iglesias
                                                                   (Rapporteur), President of the Court acting as President of
Mr Joliet,                                                         the Chamber, J. C. Moitinho de Almeida and D. A. O.
Mr Edward,                                                         Edward, Judges; C. O. Lenz, Advocate General; L. Hewlett,
Mr Jann,                                                           Administrator, for the Registrar, has given a judgment on
Mr Sevón,                                                          17 January 1995 , in which it:
Mr Moitinho de Almeida, and
Mr Puissochet, Judges                                              1 . sets aside the judgment of the Court of First Instance of
                                                                        9 July 1992 in Case T-66/89;
Sixth Chamber
                                                                   2. annuls Articles 2, 3 and 4 of Commission Decision
( President: Mr Schockweiler)                                           89/44/EEC of 12 December 1988 relating to a
                                                                        proceeding under Article 85 of the EEC Treaty
Mr Kakouris,                                                            (IV/27.393 and IV/27.394, Publishers Association —
Mr Kapteyn,                                                             Net Book Agreements);
Mr Murray,
Mr Ragnemalm,                                                      3.   orders the Commission to bear its own costs and all the
Mr Mancini, and                                                         costs incurred by the appellant, both in the proceedings
Mr Hirsch, Judges.                                                      before the Court ofFirst Instance and in the proceedings
                                                                        before this Court, and the costs incurred before this
                                                                        Court relating to the intervention by Clé — The Irish
                                                                        Book Publishers Association and the Booksellers
                                                                        Association of Great Britain and Ireland;
              JUDGMENT OF THE COURT                                4. orders Pentos Pic and Pentos Retailing Group Ltd to
                       (Fifth Chamber)                                  bear their own costs.
                     of 17 January 1995
                                                                   (!) OJ No C 288 , 5 . 11 . 1992 .
in Case C-360/92 P: Publishers Association v. Commission           (2 ) Case T-66/89, Publishers Association and the Commission,
              of the European Communities ( J )                         ECR II, p. 1995 .
 (Appeal — Competition — Net price system for books —
Rejection of an application for exemption under
Article 85 (3) — Indispensability of restrictions on
                         competition)
                          95/C 54/04
                                                                                  JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
               (Language of the case: English)
                                                                                          of 17 January 1995
In Case C-360/92 P: Publishers Association, whose head                    in Case C-93/94: Commission of the European
office is in London, represented by J. Lever QC, M. Pelling               Communities v. Kingdom of the Netherlands i 1 )
and R. W. R. Thompson, Barristers, and R. Griffith,                 (Failure to fulfil obligations — Council Directive
Solicitor, of Messrs Clifford Chance, with an address for          90/667/EEC — Failure to transpose within the prescribed
service in Luxembourg at the Chambers of M. Loesch, 8 Rue                                         period)
Zithe, supported by Clé — The Irish Book Publishers                                           ( 95/C 54/05 )
Association, whose office is in Dublin, represented by J. D.
 Cooke SC and R. Heron, Solicitor, of Messrs Matheson,
 Ormsby & Prentice, with an address for service in                                  (Language of the case: Dutch)
Luxembourg at the Chambers of M. Loesch, 8 Rue Zithe,
and by Booksellers Association of Great Britain and Ireland,        (Provisional translation; the definitive translation will be
whose office is in London, represented by C. Quigley,                        published in the European Court Reports)
Barrister, and M. Nathanson, Solicitor, of Messrs
Penningtons, with an address for service in Luxembourg at           In Case C-93/94: Commission of the European
the Chambers of M. Loesch, 8 Rue Zithe — appeal against             Communities (Agent: Thomas van Rijn ) v. Kingdom of the
the judgment of the Court of First Instance ( Second               Netherlands (Agents: J. W. de Zwaan and J. S. van den
 Chamber ) of 9 July 1992 (2), seeking to have that judgment        Oosterkamp) — application for a declaration that, by failing
set aside, the other party to the proceedings being                 to adopt the measures necessary for the transposition of
 Commission of the European Communities (B. J. Drijber,             Council Directive 90/667/EEC of 27 November 1990 laying
Agent, assisted by N. Forwood QC), supported by Pentos              down the veterinary rules for the disposal and processing of
 pic, whose registered office is in London, and Pentos              animal waste, for its placing on the market and for the
 Retailing Group Ltd, whose registered office is in                 prevention of pathogens in feedstuffs of animal or fish
 Birmingham, both represented by R. P. Falkner, Solicitor, of       origin, and amending Directive 90/425/EEC (2 ), the