CELEX: C2002/144/71
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 28 February 2002 in Case T-308/94: Cascades SA v Commission of the European Communities (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 — Equal treatment — Principle of res judicata)

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-