CELEX: C2000/149/72
Language: en
Date: 2000-05-27 00:00:00
Title: Case T-59/00: Action brought on 17 March 2000 by Compagnia Portuale Pietro Chiesa v Commission of the European Communities

C 149/38               EN                       Official Journal of the European Communities                                      27.5.2000
The applicants submit that, in the consultation procedure, the             — Order the Commission to pay the costs.
Commission failed to take any account of the comments
on the abovementioned publications made by the sectors
concerned.                                                                 Pleas in law and main arguments
First plea in law: lack of competence/ ultra vires/ breach by the          The present proceedings are directed against the final decision
Commission of essential procedural requirements:                           contained in the letter of 22 December 1999, reference
                                                                           D17587, in which the Commission rejected complaint
                                                                           No IV/37332 Compagnia Portuale Pietro Chiesa v Italian
With regard to vertical agreements, Articles 2, 3, 4 and 5 of              Republic, Autorità Portuale del Porto di Genova and Compag-
the contested regulation introduce ‘a posteriori control’. This            nia Unica Lavoratori Merci Varie (C.U.L.M.V.), relating to an
control has consequences solely for the future. In addition,               infringement of Article 86 of the EC Treaty in conjunction
abuses attributable to economic dependence are not taken into              with Article 82 thereof, deriving from an alleged abuse by
consideration.                                                             C.U.L.M.V. of its dominant position, resulting from its de facto
                                                                           monopoly in the Port of Genoa as regards the conduct of port
The abolition of the automatic nullity of agreements prohibited            operations and the supply of port labour.
under Article 81 EC constitutes an infringement of the Treaty.
The new rules create conditions under which the entire free                In support of its claim, the applicant alleges, first, a failure to
market can, with impunity, be restricted to approved dealers               undertake investigative measures, in so far as the defendant
and supplies to non-approved dealers can be excluded.                      did not commence proceedings under Council Regulation
                                                                           No 17/62 either against C.U.L.M.V. or against the Genoa Port
                                                                           Authority. The applicant alleges in that regard that the
Second plea in law: the consultations which preceded the                   contested practices derive:
adoption of the regulation were not conducted in a manner
consistent with the spirit of the Treaty:                                  — From the conduct of C.U.L.M.V. which, carrying on
                                                                               business simultaneously as a terminal operator and an
The new rules have been presented by the Commission as                         undertaking supplying labour, hampers access to those
constituting no more than a modernisation of procedures,                       markets by competitors. The Port Authority is aware of
whereas the spirit, if not the letter, of the Treaty has been                  this situation.
ignored. The scope of the modernisation programme has,
moreover, been considered only from the point of view of                   — From administrative measures and/or failure to act by the
facilitating the tasks of the European Commission.                             Port Authority, which the applicant criticises as being
                                                                               contrary to the Community competition rules.
                                                                           The applicant also alleges breach of the principle audi alterem
                                                                           partem and submits that the statement of the reasons for the
                                                                           contested decision is contradictory.
Action brought on 17 March 2000 by Compagnia Portuale
Pietro Chiesa v Commission of the European Communi-
                                ties
                                                                           Action brought on 16 March 2000 by Continental and
                          (Case T-59/00)                                   Overseas Investments NV against the Commission of the
                                                                                                European Communities
                         (2000/C 149/72)
                                                                                                     (Case T-64/00)
                    (Language of the case: Italian)                                                 (2000/C 149/73)
An action against the Commission of the European Communi-                                      (Language of the case: Dutch)
ties was brought before the Court of First Instance on 17 March
2000 by Compagnia Portuale Pietro Chiesa, represented by
Giuseppe Michele Giacomini and Barbara Della Barile, of the                An action against the Commission of the European Communi-
Genoa Bar.                                                                 ties was brought before the Court of First Instance of the
                                                                           European Communities on 16 March 2000 by Continental
                                                                           and Overseas Investments NV (formerly ‘Jubertrade NV’),
The applicant claims that the Court of First Instance should:              established in Antwerp, represented by Y. Van Gerven and J.
                                                                           Bernaerts, of the Brussels Bar, with an address for service in
— Annul the letter of 22 December 1999, reference D17587,                  Luxembourg at the Chambers of M. Loesch, of the Luxembourg
     of the European Commission, Competition DG;                           Bar, 11 Rue Goethe.