CELEX: C2003/275/07
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 2 October 2003 in Case C-198/99 P: Empresa Nacional Siderúrgica SA (Ensidesa) v Commission of the European Communities (Appeal — Agreements and concerted practices — European producers of beams)

15.11.2003              EN                           Official Journal of the European Union                                                C 275/3
                 JUDGMENT OF THE COURT                                       N. Lacalle Mangas): Appeal against the judgment of the Court
                                                                             of First Instance of the European Communities (Second
                          (Fifth Chamber)                                    Chamber, Extended Composition) of 11 March 1999 in Case
                                                                             T-156/94 Aristrain v Commission [1999] ECR II-645, seeking
                        of 2 October 2003                                    to have that judgment set aside, the other party to the
                                                                             proceedings being: Commission of the European Communities
in Case C-194/99 P: Thyssen Stahl AG v Commission of                         (Agents: J. Currall and W. Wils, assisted by J. Rivas de
                 the European Communities (1)                                Andrés), the Court (Fifth Chamber), composed of: M. Wathelet,
                                                                             President of the Chamber, D.A.O. Edward, A. La Pergola,
(Appeal — Agreements and concerted practices — European                      P. Jann (Rapporteur) and S. von Bahr, Judges; C. Stix-Hackl,
                        producers of beams)                                  Advocate General; M.-F. Contet, Principal Administrator, for
                                                                             the Registrar, has given a judgment on 2 October 2003, in
                         (2003/C 275/05)                                     which it:
                   (Language of the case: German)
                                                                             1.    Sets aside the judgment of the Court of First Instance of
(Provisional translation; the definitive translation will be published             11 March 1999 in Case T-156/94 Aristrain v Commission
                   in the European Court Reports)                                  in so far as the Court of First Instance declared the application
                                                                                   for annulment of Commission Decision 94/215/ECSC of
                                                                                   16 February 1994 relating to a proceeding pursuant to
In Case C-194/99 P, Thyssen Stahl AG, established in Duisburg                      Article 65 of the ECSC Treaty concerning agreements and
(Germany) (represented by F. Montag): Appeal against the                           concerted practices engaged in by European producers of beams
judgment of the Court of First Instance of the European                            to be unfounded as regards the order that Siderúrgica Aristrain
Communities (Second Chamber, Extended Composition) of                              Madrid SL pay a fine which also took into account the conduct
11 March 1999 in Case T-141/94 Thyssen Stahl v Commission                          of Aristrain Olaberría SL;
[1999] ECR II-347, seeking to have that judgment set aside in
part, the other party to the proceedings being: Commission of                2.    Dismisses the remainder of the appeal;
the European Communities (Agents: J. Currall and W. Wils,
assisted by H.-J. Freund), the Court (Fifth Chamber), composed               3.    Refers the case back to the Court of First Instance;
of: M. Wathelet, President of the Chamber, D.A.O. Edward,
A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;                 4.    Reserves the costs.
C. Stix-Hackl, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
2 October 2003, in which it:                                                 (1) OJ C 299 of 16.10.1999.
1.    Dismisses the appeal;
2.    Orders Thyssen Stahl AG to pay the costs.
(1) OJ C 299 of 16.10.1999.
                                                                                               JUDGMENT OF THE COURT
                                                                                                       (Fifth Chamber)
                 JUDGMENT OF THE COURT                                                                of 2 October 2003
                          (Fifth Chamber)
                                                                             in Case C-198/99 P: Empresa Nacional Siderúrgica SA
                                                                             (Ensidesa) v Commission of the European Communities (1)
                        of 2 October 2003
in Case C-196/99 P: Siderúrgica Aristrain Madrid SL v                        (Appeal — Agreements and concerted practices — European
       Commission of the European Communities (1)                                                     producers of beams)
(Appeal — Agreements and concerted practices — European                                                (2003/C 275/07)
                        producers of beams)
                         (2003/C 275/06)                                                         (Language of the case: Spanish)
                   (Language of the case: Spanish)                           (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-198/99 P, Empresa Nacional Siderúrgica SA (Enside-
In Case C-196/99 P, Siderúrgica Aristrain Madrid SL estab-                   sa), established in Avilés (Spain), (represented by S. Martínez
lished in Madrid (Spain) (represented by A. Creus Carreras and               Lage and J. Pérez-Bustamante Köster): Appeal against the
 ---pagebreak--- C 275/4                EN                          Official Journal of the European Union                                            15.11.2003
judgment of the Court of First Instance of the European                    1.    Dismisses the appeal;
Communities (Second Chamber, Extended Composition) of
11 March 1999 in Case T-157/94 Ensidesa v Commission                       2.    Orders Corus UK Ltd to pay the costs.
[1999] ECR II-707, seeking to have that judgment set aside,
the other party to the proceedings being: Commission of the
                                                                           (1) OJ C 204 of 17.7.1999.
European Communities (Agents: J. Currall and W. Wils),
assisted by J. Rivas de Andrés), the Court (Fifth Chamber),
composed of: M. Wathelet, President of the Chamber,
D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur) and S. von
Bahr, Judges; C. Stix-Hackl, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 2 October 2003, in which it:                                                             JUDGMENT OF THE COURT
                                                                                                 of 30 September 2003
1.    Dismisses the appeal;
                                                                           In Joined Cases C-57/00 P and C-61/00 P: Freistaat Sachsen,
2.    Orders Empresa Siderúrgica SA (Ensidesa) to pay the costs.
                                                                           Volkswagen AG and Volkswagen Sachsen GmbH v Com-
                                                                                     mission of the European Communities (1)
(1) OJ C 299 of 16.10.1999.
                                                                           (State aid — Compensation for the economic disadvantages
                                                                           caused by the division of Germany — Serious disturbance in
                                                                           the economy of a Member State — Regional economic
                                                                           development — Community framework for State aid in the
                                                                                                 motor vehicle industry)
                                                                                                    (2003/C 275/09)
                JUDGMENT OF THE COURT
                                                                                              (Language of the case: German)
                         (Fifth Chamber)                                   (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                       of 2 October 2003
                                                                           In Joined Cases C-57/00 P and C-61/00 P, Freistaat Sachsen
in Case C-199/99 P: Corus UK Ltd v Commission of the                       (represented by J. Sedemund) with an address for service in
                  European Communities (1)                                 Luxembourg (C-57/00 P), Volkswagen AG and Volkswagen
                                                                           Sachsen GmbH (represented by M. Schütte) with an address
(Appeal — Agreements and concerted practices — European                    for service in Luxembourg (C-61/00 P): Appeals against the
                       producers of beams)                                 judgment of the Court of First Instance of the European
                                                                           Communities (Second Chamber, Extended Composition) of
                                                                           15 December 1999 in Joined Cases T-132/96 and T-143/96
                        (2003/C 275/08)                                    Freistaat Sachsen and Others v Commission [1999] ECR II-
                                                                           3663, seeking to have that judgment set aside, the other parties
                                                                           to the proceedings being: Commission of the European
                   (Language of the case: English)                         Communities (Agent: K.-D. Borchardt, assisted by M. Núñez-
                                                                           Müller) with an address for service in Luxembourg, Federal
                                                                           Republic of Germany (Agent: T. Oppermann) and United
                                                                           Kingdom of Great Britain and Northern Ireland, the Court,
In Case C-199/99 P, Corus UK Ltd, formerly British Steel plc,              composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissoch-
established in London (United Kingdom), (represented by                    et, M. Wathelet, R. Schintgen and C.W.A. Timmermans
P. Collins and M. Levitt, solicitors): Appeal against the judg-            (Presidents of Chambers), D.A.O. Edward, P. Jann, V. Skouris,
ment of the Court of First Instance of the European Communi-               F. Macken (Rapporteur), S. von Bahr and J.N. Cunha Rodrigues,
ties (Second Chamber, Extended Composition) of 11 March                    Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
1999 in Case T-151/94 British Steel v Commission [1999]                    Administrator, for the Registrar, has given a judgment on
ECR II-629, seeking to have that judgment set aside, the other             30 September 2003, in which it:
party to the proceedings being: Commission of the European
Communities (Agents: J. Currall and W. Wils, assisted by                   1.    Dismisses the appeals;
J. Flynn, barrister), the Court (Fifth Chamber), composed of:
M. Wathelet, President of the Chamber, D.A.O. Edward, A. La                2.    Orders the Freistaat Sachsen to pay the costs in Case C-57/
Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges; C. Stix-                  00 P;
Hackl, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, has given a judgment on 2 October               3.    Orders Volkswagen AG and Volkswagen Sachsen GmbH to
2003, in which it:                                                               pay the costs in Case C-61/00 P;