CELEX: C2003/213/55
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 8 July 2003 in Case T-374/00: Verband der freien Rohrwerke eV and Others v Commission of the European Communities (Control of concentrations — Concentration covered partly by the ECSC Treaty and partly by the EC Treaty — Decision to authorise on the basis of Article 66(2) CS — Decision declaring compatibility with the common market on the basis of Article 6(1)(b) of Regulation (EEC) No 4064/89 — Conditions for admissibility under the ECSC Treaty and the EC Treaty — Relationship between the rules on control of concentrations laid down in the ECSC Treaty and the EC Treaty — Duty to state reasons — Erroneous assessment)

6.9.2003                 EN                         Official Journal of the European Union                                              C 213/29
2.     Dismisses the remainder of the application;                          Instance (Third Chamber), composed of K. Lenaerts, President,
                                                                            J. Azizi and M. Jaeger, Judges; Registrar: D. Christensen,
                                                                            Administrator, has given a judgment on 8 July 2003, in which
3.     Orders Daesang Corp. and Sewon Europe GmbH to bear their
                                                                            it:
       own costs and, jointly and severally, to pay two thirds of the
       Commission’s costs and orders the Commission to bear one
       third of its own costs.                                              1.     Declared the application to be inadmissible in so far as it seeks
                                                                                   annulment of Decision COMP/ECSC.1336 of 14 September
                                                                                   2000;
( 1) OJ C 316 of 4.11.2000.
                                                                            2.     Declared the application to be admissible but unfounded in so
                                                                                   far as it seeks annulment of Decision COMP/M.2045 of
                                                                                   5 September 2000;
                                                                            3.     Ordered the applicants to bear their own costs and to pay
                                                                                   those incurred by the Commission and by Salzgitter and
                                                                                   Mannesmann.
                                                                            (1 ) OJ No C 61 of 24.2.01.
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                             of 8 July 2003
in Case T-374/00: Verband der freien Rohrwerke eV and
   Others v Commission of the European Communities (1)                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       of 9 July 2003
(Control of concentrations — Concentration covered partly
by the ECSC Treaty and partly by the EC Treaty — Decision
                                                                            in Case T-22/01 Petros Efthymiou v Commission of the
to authorise on the basis of Article 66(2) CS — Decision
                                                                                                European Communities (1)
declaring compatibility with the common market on the basis
of Article 6(1)(b) of Regulation (EEC) No 4064/89 —
Conditions for admissibility under the ECSC Treaty and the                  (Officials — Repayment of mission expenses — Business
EC Treaty — Relationship between the rules on control of                                               class air travel)
concentrations laid down in the ECSC Treaty and the EC
   Treaty — Duty to state reasons — Erroneous assessment)                                             (2003/C 213/56)
                           (2003/C 213/55)                                                       (Language of the case: French)
                     (Language of the case: German)
                                                                            In Case T-22/01 Petros Efthymiou, an official of the Com-
                                                                            mission of the European Communities, residing in Luxem-
                                                                            bourg, represented by J.-N. Louis and V. Peere, avocats, with
                                                                            an address for service in Luxembourg, against Commission of
                                                                            the European Communities (Agents: C. Berardis-Kayser and
In Case T-374/00: Verband der freien Rohrwerke eV, estab-
lished in Düsseldorf (Germany), Eisen- und Metallwerke                      H. Tserepa-Lacombe), — application for annulment of the
                                                                            Commission’s decision of 24 March 2000 making three
Ferndorf GmbH, established in Kreuztal-Ferndorf (Germany),
Rudolf Flender GmbH & Co. KG, established in Siegen                         ‘supplementary amendments’ to mission expense accounts and
                                                                            charging to the applicant the sums overclaimed and, in
(Germany), represented by H. Hellmann, lawyer, against Com-
                                                                            addition, a request that the Commission should be ordered to
mission of the European Communities (Agents: W. Mölls and
W. Wils), supported by Mannesmann AG, established in                        repay to the applicant the amounts deducted from his
                                                                            remuneration by way of sums overclaimed, — the Court of
Düsseldorf, represented by K. Moosecker and P. Niggemann,
                                                                            First Instance (Fourth Chamber), composed of V. Tiili, Presi-
lawyers, and by Salzgitter AG, established in Salzgitter
                                                                            dent, and P. Mengozzi and M. Vilaras, Judges; D. Christensen,
(Germany), represented by J. Sedemund and T. Lübbig, lawyers
                                                                            Administrator, for the Registrar, has given a judgment on
— application for annulment of Decision COMP/M.2045
of 5 September 2000 and Decision COMP/ECSC.1336 of                          9 July 2003, in which it:
14 September 2000, by which the Commission authorised, on
the basis of, respectively, Article 6(1)(b) of Regulation (EEC)             1.     Annuls the Commission’s decision of 24 March 2003 making
No 4064/89 and Article 66(2) CS, the acquisition by Salzgitter                     three ‘supplementary amendments’ to mission expense accounts
of control of Mannesmannröhren-Werke — the Court of First                          and charging to the applicant the sums overclaimed inasmuch