CELEX: C1995/208/39
Language: en
Date: 1995-08-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 8 June 1995 in Case T-9/93: Schöller Lebensmittel GmbH & Co KG v. Commission of the European Communities (Competition P Exclusive purchasing agreements for ice-cream P Relevant market P Possible barriers to entry to the market by third parties P Comfort letter P Negative clearance P Duration of agreements P Block exemption P Prohibition of concluding exclusive dealing agreements in the future)

12 . 8 . 95             EN                    Official Journal of the European Communities                                No C 208/ 19
JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 8 June 1995                                                           of 8 June 1995
in Case T-9/93 : Schöller Lebensmittel GmbH & Co KG v.                   in Case T-459/93 : Siemens SA v. Commission of the
        Commission of the European Communities (')                                           European Communities ( 1 )
(Competition — Exclusive purchasing agreements for                       (State aid — General aid — Recovery — Interest —
ice-cream — Relevant market — Possible barriers to entry to                  Admissibility of the application for leave to intervene)
the market by third parties — Comfort letter — Negative                                              ( 95/C 208 /40 )
clearance — Duration ofagreements — Block exemption —
Prohibition of concluding exclusive dealing agreements in
                              the future)
                           ( 95/C 208/39 )
                                                                                           (Language of the case: French)
                (Language of the case: German)
In Case T-9/93 : Schöller Lebensmittel GmbH & Co KG,                     In Case T-459/93 : Siemens SA, established at Brussels,
established in Nuremberg ( Germany ), represented by Ulrich              represented initially by Vincent Piessevaux and
Scholz, Rechtsanwalt, Nuremberg, and Rainer Bechtold,                    Jean-Jacques van Raemdonck and subsequently, in the oral
Rechtsanwalt, Stuttgart, with an address for service in                  procedure, by Jean-Jacques van Raemdonck and
Luxembourg at the Chambers of Loesch & Wolter, 8 Rue                     Dominique Lagasse, of the Brussels Bar, with an address for
Zithe v. Commission of the European Communities                          service in Luxembourg at the Chambers of Marc Loesch, 1 1
(Agents : Bernd Langeheine and Alexander Böhlke ),                       Rue Goethe, supported by the Federal Republic of Germany
supported by Mars GmbH, established in Viersen                           ( Agents : Ernst Röder and Holger Wissel ), v. Commission of
( Germany ),      represented         by Jochim         Sedemund,        the European Communities ( Agents : initially, Sean Van
Rechtsanwalt, Cologne, and by John Pheasant, Solicitor,                  Raepenbusch and Daniel Calleja and subsequently, in the
with an address for service in Luxembourg at the Chambers                oral procedure, Daniel Calleja and Jean-Paul Keppenne ) —
of Michel Molitor, 14a Rue des Bains — application for the               application for the annulment of Articles 1 (c ) and 2 of
annulment      of   Commission         Decision   93/405/EEC     of
                                                                         Commission Decision 92/483/EEC of 24 June 1992
23 December 1992 relating to a proceeding pursuant to                    concerning aid provided by the Brussels Regional
Article 85 of the EEC Treaty against Schöller Lebensmittel               Authorities ( Belgium ) in favour of the activities of Siemens
GmbH & Co KG ( IV/31.533 and IV/34.072 ( 2 )) the Court                  SA in the data-processing and telecommunications
of First Instance ( Second Chamber, extended composition ),              sectors ( 2 ), the Court of First Instance ( Second Chamber ),
composed of: B. Vesterdorf, President, D. P. M. Barrington,              composed of: B. Vesterdorf, President, and D. P. M.
A. Saggio, H. Kirschner and A. Kalogeropoulos, Judges; H.                Barrington and A. Saggio, Judges; J. Palacio Gonzalez,
Jung, Registrar, has given a judgment on 8 June 1995 , in                Administrator, for the Registrar, has given a judgment on
which it :
                                                                         8 June 1995 , in which it:
1 . annuls Article 4 of Commission Decision 93/405/EEC
      of 23 December 1 992 relating to a proceeding pursuant
      to Article 85 of the EEC Treaty against Schöller                   1 . dismisses the application;
      Lebensmittel GmbH & Co KG (IV/31.533 and
      IV/34.072);
2 . for the rest, dismisses the application;                             2 . orders the applicant to pay the costs;
3 . orders the applicant to bear all the costs of               the
      proceedings, including those in respect of                the      3 . orders the Federal Republic of Germany to bear its own
      application for interim measures and those of             the            costs .
      intervener, with the exception of one-quarter of          the
      costs incurred by the defendant;
4 . orders the defendant to bear one-quarter of its own                  ( ] ) OJ No C 322 , 9 . 12 . 1992 .
      costs .                                                            ( 2 ) OJ No L 288 , 3 . 10 . 1992, p . 25 .
(') OJ No C 62, 4 . 3 . 1993 .
( 2 ) OJ No L 183 , 26 . 7. 1993 , p . 1 .