CELEX: C2002/144/72
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 28 February 2002 in Case T-395/94: Atlantic Container Line AB e.a. v Commission of the European Communities (Competition — Liner conferences — Regulation (EEC) No 4056/86 — Scope — Block exemption — Regulation (EEC) No 1017/68 — Individual exemption)

15.6.2002               EN                      Official Journal of the European Communities                                      C 144/33
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                         28 February 2002
                                                                                                  28 February 2002
in Case T-308/94: Cascades SA v Commission of the
                    European Communities (1)                               in Case T-395/94: Atlantic Container Line AB e.a. v
                                                                                   Commission of the European Communities (1)
(Competition — Article 85(1) of the EC Treaty (now
Article 81(1) EC) — Liability for the infringement — Fine
— Appeal — Referral back to Court of First Instance —                      (Competition — Liner conferences — Regulation (EEC)
          Equal treatment — Principle of res judicata)                     No 4056/86 — Scope — Block exemption — Regulation
                                                                                     (EEC) No 1017/68 — Individual exemption)
                          (2002/C 144/71)
                                                                                                   (2002/C 144/72)
                    (Language of the case: French)
                                                                                              (Language of the case: English)
In Case T-308/94, Cascades SA, established in Bagnolet
(France), represented by J.-Y. Art, lawyer, with an address for
service in Luxembourg, v Commission of the European
Communities (Agents: R. Lyal and É. Gippini Fournier):                    In Case T-395/94, Atlantic Container Line AB, established in
Application for annulment of Commission Decision 94/601/                   Gothenburg (Sweden), Cho Yang Shipping Co. Ltd, established
EC of 13 July 1994 relating to a proceeding under Article 85               in Seoul (South Korea), DSR-Senator Lines GmbH, established
of the EC Treaty (IV/C/33.833 — Cartonboard) (OJ 1994                      in Bremen (Germany), Hapag Lloyd AG, established in Ham-
L 243, p. 1), Court of First Instance (First Chamber, Extended             burg (Germany), Mediterranean Shipping Company SA, estab-
Composition), composed of: B. Vesterdorf, President, K. Le-                lished in Geneva (Switzerland), A. P. Møller-Mærsk Line,
naerts, J. Pirrung, M. Vilaras and N. J. Forwood, Judges;                  established in Copenhagen (Denmark), Nedlloyd Lijnen BV,
D. Christensen, Administrator, for the Registrar, has given a              established in Rotterdam (Netherlands), Neptune Orient Lines
judgment on 28 February 2002, in which it:                                 Ltd, established in Singapore (Singapore), Nippon Yusen Kaisha
                                                                           (NYK Line), established in Tokyo (Japan), Orient Overseas
                                                                           Container Line (UK) Ltd, established in Levington (United
1.    Sets the amount of the fine imposed on the applicant by              Kingdom), P & O Containers Ltd, established in London
      Article 3 of Commission Decision 94/601/EC of 13 July                (United Kingdom), Polish Ocean Lines (POL), established in
      1994 relating to a proceeding under Article 85 of the EC             Gdynia (Poland), Sea-Land Service Inc., established in Jersey
      Treaty (IV/C/33.833 — Cartonboard) at EUR 13 538 000;                City, New Jersey (United States of America), Tecomar SA de
                                                                           CV, established in Mexico City (Mexico), Transportación
                                                                           Marı́tima Mexicana SA de CV, established in Mexico City,
2.    Orders the applicant to bear five sixths of its own costs and of     represented by J. Pheasant, N. Bromfield and, initially, S. Kim
      the Commission’s costs, incurred before the Court of Justice and     and, subsequently, M. Levitt, solicitors, with an address for
      the Court of First Instance, including those relating to the         service in Luxembourg, supported by The European Com-
      interlocutory proceedings;                                           munity Shipowners’ Associations ASBL, established in Brussels,
                                                                           represented by D. Waelbroeck, lawyer, and The Japanese
3.    Orders the Commission to bear one sixth of the applicant’s           Shipowners’ Association, established in Tokyo, represented
      costs and of its own costs, incurred before the Court of Justice     initially by N. Forwood, QC, and P. Rutley, solicitor, and
      and the Court of First Instance, including those relating to the     subsequently by F. Murphy, lawyer, with an address for service
      interlocutory proceedings.                                           in Luxembourg, v Commission of the European Communities
                                                                           (Agents: B. Langeheine and R. Lyal), supported by The Freight
                                                                           Transport Association Ltd, established in Tunbridge Wells
                                                                           (United Kingdom), including The British Shipping Council,
(1) OJ C 351 of 10.12.1994.                                                Association des utilisateurs de transport de fret, established in
                                                                           Paris, incorperating Conseil des chargeurs français, and by The
                                                                           European Council of Transport Users ASBL, established in
                                                                           Brussels, including The European Shippers Council, represent-
 ---pagebreak--- C 144/34               EN                     Official Journal of the European Communities                                       15.6.2002
ed by M. Clough, solicitor-advocate QC, with an address for                  JUDGMENT OF THE COURT OF FIRST INSTANCE
service in Luxembourg: Application for the annulment of
Commission Decision 94/980/EC of 19 October 1994 relating
to a proceeding pursuant to Article 85 of the EC Treaty (IV/                                     28 February 2002
34.446 — Trans-Atlantic Agreement) (OJ 1994 L 376, p. 1),
the Court of First Instance (Third Chamber), composed of:                in Case T-18/97: Atlantic Container Line AB e.a. v Com-
K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; Y. Mottard,                mission of the European Communities (1)
Legal Secretary, for the Registrar, has given a judgment on
28 February 2002, in which it:
                                                                         (Competition — Liner conferences — Agreement fixing the
                                                                         price of inland transport in the context of intermodal
                                                                         transport — Regulation No 1017/68 — Notification —
                                                                                            Immunity — Admissibility)
1.   Annuls Article 5 of Commission Decision 94/980/EC of
     19 October 1994 relating to a proceeding pursuant to                                         (2002/C 144/73)
     Article 85 of the EC Treaty (IV/34.446 — Trans-Atlantic
     Agreement);
                                                                                             (Language of the case: English)
2.   Dismisses the remainder of the application;
                                                                         In Case T-18/97, Atlantic Container Line AB, established in
                                                                         Göteborg (Sweden), Cho Yang Shipping Co. Ltd, established in
                                                                         Seoul (South Korea), DSR-Senator Lines GmbH, established in
                                                                         Bremen (Germany), Hanjin Shipping Co. Ltd, established in
3.   Orders the applicants to bear their own costs and to pay four       Seoul, Neptune Orient Lines Ltd, established in Singapore,
     fifths of the costs incurred by the Commission and the              Nippon Yusen Kaisha (NYK Line), established in Tokyo (Japan),
     interveners, the Freight Transport Association Ltd, the Associ-     Orient Overseas Container Line (UK) Ltd, established in
     ation des utilisateurs de transport de fret and the European        Levington (United Kingdom), P & O Nedlloyd BV, established
     Council of Transport Users ASBL, including those relating to        in Rotterdam (Netherlands), P & O Containers Ltd, established
     the interlocutory proceedings in Case T-395/94 R and in Case        in London (United Kingdom), Hapag-Lloyd AG, established in
     T-395/94 R II;                                                      Hamburg (Germany), A. P. Møller-Mærsk Line, established in
                                                                         Copenhagen (Denmark), Mediterranean Shipping Company
                                                                         SA, established in Geneva (Switzerland), POL-Atlantic, estab-
                                                                         lished in Gdynia (Poland), Sea-Land Service Inc., established in
4.   Orders the Commission to bear one fifth of its own costs;           Charlotte (United States of America), Tecomar SA de CV,
                                                                         established in Mexico City (Mexico), Transportación Marı́tima
                                                                         Mexicana SA de CV, established in Mexico City, represented
                                                                         by J. Pheasant and N. Bromfield, Solicitors, with an address for
5.   Orders the interveners, the Freight Transport Association Ltd,      service in Luxembourg, v Commission of the European
     the Association des utilisateurs de transport de fret and the       Communities (Agent: R. Lyal), supported by French Republic
     European Council of Transport Users ASBL, to bear one fifth         (Agents: K. Rispal-Bellanger and R. Loosli-Surrans): Appli-
     of their own costs;                                                 cation for annulment of Commission Decision C(96)
                                                                         3414 final of 26 November 1996 relating to a proceeding
                                                                         under Article 85 of the EC Treaty (Case No IV/35.134 —
                                                                         Trans-Atlantic Conference Agreement), the Court of First
                                                                         Instance (Third Chamber), composed of: K. Lenaerts, President,
6.   Orders the interveners, the European Community Shipowners’          J. Azizi and M. Jaeger, Judges; Y. Mottard, Legal Secretary, for
     Association ASBL and the Japanese Shipowners’ Association,          the Registrar, has given a judgment on 28 February 2002, in
     to bear their own costs, including those relating to the            which it:
     interlocutory proceedings in Case T-395/94 R and in Case
     T-395/94 R II.
                                                                         1.    Dismisses the action as inadmissible;
                                                                         2.    Orders the applicants to bear their own costs together with
                                                                               those of the Commission;
(1) OJ C 392 of 31.12.1994.
                                                                         3.    Orders the French Republic to bear its own costs.
                                                                         (1) OJ C 94 of 22.3.1997.