CELEX: C2001/200/32
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court of 17 May 2001 in Case C-450/98 P: International Express Carriers Conference (IECC) v Commission of the European Communities and Others (Appeal — Decision rejecting complaint — Abuse of a dominant position — Postal services — Remail)

C 200/18                 EN                      Official Journal of the European Communities                                       14.7.2001
—     the finance company gives an undertaking to the purchaser that        1.   Dismisses the appeal;
      it will pay to the seller on the purchaser’s behalf the sales price
      advertised and invoiced by the seller;                                2.   Orders International Express Carriers Conference (IECC) to pay
                                                                                 the costs.
—     the finance company in fact pays to the seller, pursuant to
      agreements concluded with the seller but of which the purchaser
      is unaware, a sum less than the price advertised and invoiced;        (1) OJ C 48 of 20.2.1999.
      and
—     the purchaser repays to the finance company a sum equal to the
      price advertised and invoiced,
the taxable amount for purposes of calculating the value added tax
payable on that sale consists of the full amount payable by the
purchaser.
                                                                                            JUDGMENT OF THE COURT
(1) OJ C 100 of 10.4.1999.                                                                          of 17 May 2001
                                                                            in Case C-450/98 P: International Express Carriers Confer-
                                                                            ence (IECC) v Commission of the European Communities
                                                                                                      and Others (1)
                                                                            (Appeal — Decision rejecting complaint — Abuse of a
                                                                                   dominant position — Postal services — Remail)
                  JUDGMENT OF THE COURT
                                                                                                   (2001/C 200/32)
                           of 17 May 2001
                                                                                              (Language of the case: English)
in Case C-449/98 P: International Express Carriers Confer-
ence (IECC) v Commission of the European Communities                        In Case C-450/98 P: International Express Carriers Conference
                             and Others (1)                                 (IECC), established in Geneva (Switzerland), represented by
                                                                            E. Morgan de Rivery, J. Derenne and M. Cunningham, avocats,
(Appeal — Decision rejecting complaint — Competition —                      appeal against the judgment of the Court of First Instance
                     Postal services — Remail)                              of the European Communities (Third Chamber, Extended
                                                                            Composition) of 16 September 1998 in Joined Cases T-133/95
                                                                            and T-204/95 IECC v Comission [1998] ECR II-3645, seeking
                           (2001/C 200/31)                                  to have that judgment set aside in so far as it relates to Case T-
                                                                            204/95 and paragraphs 78 to 83 of Case T-133/95, the other
                                                                            parties to the proceedings being: Commission of the European
                    (Language of the case: English)                         Communities (Agent: K. Wiedner, assisted by N. Forwood),
                                                                            Deutsche Post AG (avocat: by D. Schroeder), United Kingdom
                                                                            of Great Britain and Northern Ireland, The Post Office and La
In Case C-449/98 P: International Express Carriers Conference               Poste, the Court, composed of: G.C. Rodrı́guez Iglesias,
(IECC), established in Geneva (Switzerland), represented by                 President, A. La Pergola and M. Wathelet (Presidents of
E. Morgan de Rivery, J. Derenne and M. Cunningham, avocats                  Chambers), J.-P. Puissochet, P. Jann, L. Sevón, N. Colneric,
— appeal against the judgment of the Court of First Instance                S. von Bahr and C.W.A. Timmermans (Rapporteur), Judges;
of the European Communities (Third Chamber, Extended                        D. Ruiz-Jarabo Colomer, Advocate General; H. von Holstein,
Composition) of 16 September 1998 in Case T-110/95 IECC                     Deputy Registrar, for the Registrar, has given a judgment on
v Commission [1998] ECR II-3605, seeking to have that                       17 May 2001, in which it:
judgment set aside, the other parties to the proceedings
being Commission of the European Communities, (Agents:                      1.   Dismisses the appeal;
K. Wiedner, assisted by N. Forwood), La Poste (avocat:
H. Lehman), United Kingdom of Great Britain and Northern                    2.   Orders International Express Carriers Conference (IECC) to pay
Ireland, and The Post Office — the Court, composed of:                           the costs.
G.C. Rodrı́guez Iglesias, President, A. La Pergola and M. Wathe-
let (Presidents of Chambers), J.-P. Puissochet, P. Jann, L. Sevón,
N. Colneric, S. von Bahr and C.W.A. Timmermans (Rapporte-                   (1) OJ C 48 of 20.2.1999.
ur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; D. Lou-
terman-Hubeau, Head of Division, for the Registrar, has given
a judgment on 17 May 2001, in which it: