CELEX: C2000/149/57
Language: en
Date: 2000-05-27 00:00:00
Title: Judgment of the Court of First Instance of 28 March 2000 in Case T-251/97: T. Port GmbH & Co. v Commission of the European Communities (Agriculture — Common organisation of the market — Bananas —Application for allocation of additional import licences — Article 30 of Regulation (EEC) No 404/93 — Action for annulment)

C 149/30                 EN                    Official Journal of the European Communities                                  27.5.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 22 March 2000
                                                                                                  of 28 March 2000
in Joined Cases T-125/97 and T-127/97: The Coca-Cola
Company and Coca-Cola Enterprises Inc. v Commission
                of the European Communities (1)                           in Case T-251/97: T. Port GmbH & Co. v Commission of
                                                                                           the European Communities (1)
(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a concentration compatible with the common
market — Action for annulment — Statement of reasons —
                            Admissibility)                                (Agriculture — Common organisation of the market —
                                                                          Bananas —Application for allocation of additional import
                                                                          licences — Article 30 of Regulation (EEC) No 404/93 —
                           (2000/C 149/56)                                                      Action for annulment)
                    (Language of the case: English)                                                (2000/C 149/57)
In Joined Cases T-125/97 and T-127/97: The Coca-Cola
Company, established in Wilmington, Delaware, United States,
represented by M. Siragusa, of the Rome Bar, and N. Levy, of
the Bar of England and Wales, with an address for service in                                 (Language of the Case: German)
Luxembourg at the Chambers of Elvinger and Hoss, 15 Côte
d’Eich, Coca-Cola Enterprises Inc., established in Atlanta,
Georgia, United States, represented by P. Lasok QC, and M.
Reynolds, Solicitor of the Supreme Court of England and                   In Case T-251/97: T. Port GmbH & Co., Hamburg, represented
Wales, with an address for service in Luxembourg at the                   by Gert Meier, Rechtsanwalt, Cologne, with an address for
Chambers of Zeyen, Beghin and Feider, 56-58 Rue Charles                   service in Luxembourg at the Chambers of M. Baden, 24
Martel v Commission of the European Communities (Agent:                   Rue Marie-Adélaïde, against Commission of the European
W. Wils), supported by The Virgin Trading Company Ltd,                    Communities (Agents: K.-D. Borchardt and H. van Vliet),
established in London, represented by I. Forrester QC, of the             supported by Kingdom of Spain (Agent: R. Silva de Lapuerta)
Scots Bar, with an address for service in Luxembourg at the               and French Republic (Agent: K. Rispal-Bellanger) — application
Chambers of A. May, 31 Grand-Rue, and Federal Republic                    for annulment of the decision of the Commission of 9 July
of Germany, (Agents: W.-D. Plessing C.-D. Quassowski) —                   1997 refusing to allocate additional import licences to the
application for annulment of part of the statement of reasons             applicant by way of transitional measures under the common
for Commission Decision 97/540/EC of 22 January 1997                      organization of the market in bananas — the Court of First
declaring a concentration compatible with the common mar-                 Instance (Fifth Chamber), composed of J.D. Cooke, President,
ket and with the functioning of the European Economic                     and R. Garcı́a-Valdecasas and P. Lindh, Judges; H. Jung,
Area Agreement (Case IV/M.794 Coca-Cola/Amalgamated                       Registrar, has given a judgment on 28 March 2000, in which
Beverages GB) (OJ 1997 L 218, p. 15) — the Court (First                   it:
Chamber, Extended Composition), composed of: B. Vesterdorf,
President, V. Tiili, J. Pirrung, A.W.H. Meij and M. Vilaras,
Judges; H. Jung, Registrar, has given a judgment on 22 March              1. Dismisses the application.
2000, in which it:
                                                                          2. Orders the applicant to pay its own costs and those of the
1. Dismisses the applications as inadmissible.                                 Commission.
2. Orders the Coca-Cola Company and Coca-Cola Enterprises Inc.
     to pay the costs in Cases T-125/97 and T-127/97 respectively.        3. Orders the Kingdom of Spain and the French Republic to pay
                                                                               their own costs.
3. Orders The Virgin Trading Company Ltd and the Federal
     Republic of Germany to bear their own costs.
                                                                          (1) OJ C 357, 22.11.1997.
(1) OJ C 199 of 28.6.1997.