CELEX: C2002/191/20
Language: en
Date: 2002-08-10 00:00:00
Title: Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-219/00 P: Cementir — Cementerie del Tirreno SpA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded)

C 191/12                 EN                       Official Journal of the European Communities                                          10.8.2002
1.    The following are dismissed as manifestly inadmissible and/or          P.C. Gaito, lawyers — appeal against the judgment of the
      manifestly unfounded:                                                  Court of First Instance of the European Communities, Fourth
                                                                             Chamber, Extended Composition, of 15 March 2000 in Joined
      —     second ground of appeal, second to fifth parts;                  Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/95 to
                                                                             T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95,
      —     third ground of appeal;                                          T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/95 to
                                                                             T-104/95 Cimenteries CBR v Commission [2000] ECR II-491,
      —     sixth ground of appeal;                                          seeking to have that judgment set aside, the other party to the
                                                                             proceedings being Commission of the European Communities
      —     eighth ground of appeal;                                         (Agents: R. Lyal, assisted by A. Dal Ferro) — the Court,
                                                                             composed of P. Jann, Presidents of the Chamber,
      —     ninth ground of appeal, first part;                              D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and
                                                                             A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                             R. Grass, Registrar, made an order on 5 June 2002, the
      —     eleventh ground of appeal, first, second, fourth and fifth
                                                                             operative part of which is as follows:
            parts;
      —     sixteenth ground of appeal;                                      1.    The fourth and fifth parts of the sixth ground of appeal are
                                                                                   dismissed as manifestly unfounded.
      —     seventeenth ground of appeal;
                                                                             2.    Costs are reserved.
      —     nineteenth ground of appeal;
      —     twentieth ground of appeal, and                                  (1) OJ C 247 of 26.8.2000.
      —     twentieth and twenty-first grounds of appeal.
2.    Costs are reserved.
(1) OJ C 247 of 26.8.2000.
                                                                                                  ORDER OF THE COURT
                                                                                                      (Second Chamber)
                     ORDER OF THE COURT                                                                 of 30 May 2002
                           (Fifth Chamber)                                   in Case C-358/00 (Reference for a preliminary ruling
                                                                             from the Oberlandesgericht Düsseldorf): Buchhändler-
                            of 5 June 2002                                   Vereinigung GmbH v Saur Verlag GmbH & Co. KG, Die
                                                                                                   Deutsche Bibliothek (1)
in Case C-219/00 P: Cementir — Cementerie del Tirreno
    SpA v Commission of the European Communities (1)                         (Article 104(3) of the Rules of Procedure — Public service
                                                                             contracts — Directive 92/50/EEC — Public service con-
(Appeals — Competition — Cement — Article 85(1) of the                                                      cession)
EC Treaty (now, Article 81(1) EC) — Appeal in part
                       manifestly unfounded)                                                            (2002/C 191/21)
                           (2002/C 191/20)
                                                                                                (Language of the case: German)
                     (Language of the case: Italian)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-358/00: Reference to the Court under Article 234 EC
In Case C-219/00 P: Cementir — Cementerie del Tirreno                        by the Oberlandesgericht Düsseldorf (Germany) for a prelimi-
SpA, established in Rome, represented by G.M. Roberti and                    nary ruling in the proceedings pending before that court