CELEX: C1995/208/49
Language: en
Date: 1995-08-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 July 1995 in Joined Cases T-447/93, T-448/93 and T-449/93: Associazione Italiana Tecnico Economica del Cemento and Others v. Commission of the European Communities (State aid P Remedying of a serious disturbance in the economy of a Member State P Authorization of a general scheme P Conditional on notification of individual cases P Examination of the Community context in relation to individual cases P Economic assessment)

No C 208/22              EN                    Official Journal of the European Communities                                    12 . 8 . 95
JUDGMENT OF THE COURT OF FIRST INSTANCE                                   members of the Bar of England and Wales, instructed by
                          of 29 June 1995                                 Victor O. White and Richard J. Coles, Solicitors, with an
                                                                          address for service in Luxembourg at the Chambers of
in Case T-36/91 : Imperial Chemical Industries pic v.                     Lambert H. Dupong, 14a Rue des Bains, v. Commission of
         Commission of the European Communities ( l )                     the European Communities ( Agents : Julian Currall and
(Competition — Concerted practice — Presumption of                        Nicholas Forwood QC ) — application for the annulment of
innocence — Administrative procedure — Rights of the                      Commission Decision 91 /300/EEC of 19 December 1990
       defence — Equality of arms — Access to the file)                   relating to a proceeding under Article 86 of the EEC Treaty
                             ( 95/C 208/47 )                              ( IV/33 . 133-D : Soda-ash — ICI ) ( 2 ), the Court of First
                                                                          Instance ( First Chamber sitting in extended composition ),
                                                                          composed of: J. L. Cruz Vilaça, President, and D. P. M.
                 (Language of the case: English)                          Barrington, A. Saggio , H. Kirschner and A. Kalogeropoulos,
                                                                          Judges, H. Jung, Registrar, has given a judgment on 29 June
In Case T-36/91 : Imperial Chemical Industries pic,                       1995 , in which it:
established in London, represented by David Vaughan QC,
Gerald Barling QC and David Anderson, Barrister,                          1 . annuls Commission Decision 91 /300/EEC of
members of the Bar of England and Wales , instructed by                         19 December 1990 relating to a proceeding under
Victor O. White and Richard J. Coles, Solicitors, with an                      Article 86 ofthe EEC Treaty (IV/33 . 133-D : Soda-ash —
address for service in Luxembourg at the Chambers of                           ICI);
Lambert H. Dupong, 14a Rue des Bains, v. Commission of
the European Communities ( Agents : Julian Currall and                    2 . orders the Commission to pay the costs.
Nicholas Forwood QC ) — application for the annulment of
Commission Decision 91 /297/EEC of 19 December 1990
relating to a proceeding under Article 85 of the EEC Treaty               (>) OJ No C 165 , 25 . 6 . 1991 .
 ( IV/33 . 133-A: Soda-ash — Solvay, ICI ) ( 2), the Court of             C-) OJ No L 152 , 15 . 6 . 1991 , p . 40 .
First Instance ( first Chamber sitting in extended
composition ), composed of: J. L. Cruz Vilaça , President,
 and D. P. M. Barrington , A. Saggio, H. Kirschner and A.
 Kalogeropoulos, Judges, H. Jung, Registrar, has given a
 judgment on 29 June 1995 , in which it:
 1 . annuls Commission Decision 91 /297/EEC of
       19 December 1990 relating to a proceeding under                     JUDGMENT OF THE COURT OF FIRST INSTANCE
       Article 85 of the EEC Treaty (IV/33 . 133 : Soda-ash —                                       of 6 July 1995
       Solvay, ICI) in so far as it concerns the applicant;                in Joined Cases T-447/93 , T-448/93 and T-449/93 :
                                                                           Associazione Italiana Tecnico Economica del Cemento and
 2 . orders the Commission to pay the costs.                                 Others v. Commission of the European Communities ( 1 )
                                                                           (State aid — Remedying of a serious disturbance in the
 (') OJ No C 165 , 25 . 6 . 1991 .                                         economy of a Member State — Authorization of a general
 ( 2 ) OJ No L 152 , 15 . 6 . 1991 , p . 1 .                               scheme — Conditional on notification ofindividual cases —
                                                                           Examination of the Community context in relation to
                                                                                     individual cases — Economic assessment)
                                                                                                     ( 95/C 208/49 )
                                                                                    (Languages of the case: English and French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 29 June 1995
  in Case T-37/91 Imperial Chemical Industries pic v.                      In Joined Cases T-447/93 Associazione Italiana Tecnico
          Commission of the European Communities ( l )                     Economica del Cemento , established in Rome, represented
                                                                            by Wilma Viscardini Dona, of the Padua Bar, and Eric
  (Competition — Abuse of a dominant position —                            Morgan de Rivery, of the Paris Bar, with an address for
  Administrative procedure — Rights of the defence —                        service in Luxembourg at the Chambers of Alex Schmitt, 62
  Equality ofarms — Access to the file — Commission 's Rules               Avenue Guillaume; T-448/93 British Cement Association,
  ofProcedure — Authentication ofa decision adopted by the                 established at Wexham Springs (United Kingdom ), Blue
                    college of Commissioners)                               Circle Industries pic, established in London, Castle Cement
                               ( 95/C 208/48 )                              Ltd , established at Peterborough ( United Kingdom ), and
                                                                           The Rugby Group pic, established at Rugby (United
                                                                            Kingdom ), represented by Nicholas Forwood QC and Mark
                  (Language of the case: English)                           Clough, Barrister, of the Bar of England and Wales,
                                                                            instructed by Robert Tudway and Dorcas Rogers,
  In Case T-37/91 : Imperial Chemical Industries pic,                       Solicitors, with an address for service in Luxembourg at the
  established in London, represented by David Vaughan QC,                   Chambers of Arendt & Medernach, 8— 10 Rue Mathias
  Gerald Barling QC and David Anderson, Barrister,                          Hardt; and T-449/93 Titan Cement Company SA,
 ---pagebreak--- 12 . 8 . 95            I EN I                  Official Journal of the European Communities                               No C 208/23
established in Athens, represented by Alastair Sutton and                 K. Stefanakis and Anastassia Chatzitzani, of the Athens Bar,
Daniel Bethlehem, Barristers, of the Bar of England and                   with an address for service in Luxembourg at the Chambers
Wales , and by Aristotelis Kaplanidis, of the Thessaloniki                of Ekaterini Thill-Kamitaki , 17 Boulevard Royal v. Council
Bar, instructed by Victor Melas, of the Athens Bar, with an               of the European Union ( Agents : John Carbery and Sophia
address for service in Luxembourg at the Chambers of Marc                 Kyriakopoulou ), and Commission of the European
Loesch, 8 Rue Zithe, v. Commission of the . European                      Communities ( Agent: Xenophon A. Yataganas ), application
Communities ( agents : Xenophon A. Yataganas, Michel                      for an award of damages pursuant to Article 178 and the
Nolin, Eric White and Daniel Calleja ), supported by                      second paragraph of Article 215 of the EC Treaty, the Court
Hellenic Republic ( agents : Panagiotis Kamarineas,                       of First Instance ( First Chamber ), composed of: J. L. Cruz
Panagiotis Milonopoulos and Christina Sitara ) and                        Vilaça , President, H. Kirschner and A. Kalogeropoulos,
Heracles General Cement Company anonymos eteria ,                         Judges, Registrar : J. Palacio Gonzalez, Administrator, has
established at Likovrisi ( Greece ), represented by Kostas                given a judgment on 6 July 1995 , in which it:
Loukopoulos and Sotiris Felios, of the Athens Bar, with an
address for service in Luxembourg at the Chambers of Jos                  1 . dismisses the application ;
Stoffel, 21 Boulevard de Verdun , — application for the
annulment of the Decision of 1 August 1991 contained in                   2 . orders the applicant to pay the costs.
Commission communication 92/C 1 /03 pursuant to
Article 93(2 ) of the EEC Treaty to other Member States and
interested parties concerning aid to Heracles General                     (') OJ No C 43 , 12 . 2 . 1994 .
Cement Company in Greece, published in the Official
Journal ofthe European Communities of 4 January 1 992 ( 2 )
the Court of First Instance ( First Chamber, extended
composition ), composed of: J. L. Cruz Vilaça , President,
and B. Vesterdorf, A. Saggio, H. Kirschner and A.
Kalogeropoulos , Judges; H. Jung, Registrar, has given a
judgment on 6 July 1995 , in which it:                                         ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                    of 7 June 1995
1 . annuls the Decision of 1 August 1991 contained in
       Commission communication 92/C 1 /03 pursuant to                    in Case T-36/92 DEP: Syndicat français de l'Express
       Article 93 (2) of the EEC Treaty to other Member States            international ( SFEI ) and Others v. Commission of the
       and interested parties concerning aid to Heracles                                     European Communities (')
       General Cement Company in Greece, published in the                                  (Taxation of recoverable costs)
       Official Journal of the European Communities of                                               ( 95 /C 208/51 )
       4 January 1992 ;
2 . orders the Commission to bear its own costs and pay the                                (Language of the case: French)
       costs of the applicants apart from those caused by the
       interventions ;
                                                                          In Case T-36/92 DEP: Syndicat français de l'Express
3 . orders the interveners to bear their own costs and pay                international ( SFEI ), established at Roissy-Charles de
       the costs incurred by the applicants in the context of the         Gaulle ( France ), DHL International , established at
       interventions .                                                    Roissy-Charles de Gaulle ( France ), Service Crie, established
                                                                          at Paris ( France ) and May Courier, established at Paris
 (') OJ No C 121 , 13 . 5 . 1992 .                                         ( France ), represented by Morgan de Rivery, of the Paris Bar,
 ( 2 ) OJ No C 1 , 4 . 1 . 1992 , p . 4 .                                 with an address for service in Luxembourg at the Chambers
                                                                          of Alex Schmitt, 62 Avenue Guillaume , v. Commission of
                                                                          the European Communities ( Agents : Giuliano Marenco and
                                                                          Francisco Enrique Gonzalez Diaz ) — application for
                                                                          taxation of the recoverable costs pursuant to the order of the
                                                                          Court of First Instance (Third Chamber, extended
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                 composition ) of 3 October 1994 declaring that the case
                             of 6 July 1995                               should not proceed to judgment — the Court of First
in Case T-5 72/93 , Odigitria AAE v. Council of the                       Instance (Third Chamber ), composed of J. Biancarelli,
European Union and Commission of the European                              President, and C. W. Bellamy and J. Azizi, Judges; H. Jung,
                            Communities (')                                Registrar, made an order on 7 June 1995 , the operative part
                                                                           of which is as follows :
  (Non-contractual liability — Omission of the Commission
 — Causal link — Applicant's fault — Duty to provide
                                                                           The total costs payable by the Commission to the applicants
                         diplomatic protection)                           are fixed in the sum of Bfrs 1 500 000, together with any
                              ( 95 /C 208/50 )                              VAT due on that sum .
                   (Language of the case: Greek)                           (') OJ No C 160 , 26 . 6 . 1992 .
 In Case T-572/93 , Odigitria AAE having its registered office
 in Athens, represented by Epameinondas Marias, Georgios