CELEX: C1998/209/62
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-295/94: Buchmann GmbH v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Proof of participation in collusion - Fine - Determination of the amount - Statement of reasons)

4.7.98               EN                 Official Journal of the European Communities                                  C 209/29
          Removal from the register of C-22/95 (1)                 preliminary ruling from the Tribunal Amministrativo
                        (98/C 209/60)                              Regionale, Lazio): Nuova Antenna Tre SpA v. Ministero
                                                                   delle Poste e Telecomunicazioni.
By order of 3 March 1998 the President of the Court of
Justice of the European Communities has ordered the
removal from the register of Case C-22/95 (reference for a         (1) OJ C 74, 25.3.1995.
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 12 May 1998                                                     of 14 May 1998
in Case T-184/94: Martin O'Casey v. Commission of the              in Case T-295/94: Buchmann GmbH v. Commission of
                  European Communities (1)                                         the European Communities (1)
(Officials Ð Annulment of the decision rejecting the               (Competition Ð Article 85(1) of the EC Treaty Ð Proof
applicant's candidature for the post of assistant to the           of participation in collusion Ð Fine Ð Determination of
Deputy Director of the ITER joint work site at Naka,                           the amount Ð Statement of reasons)
Japan Ð Offer of the post Ð Breach of the agreement Ð                                      (98/C 209/62)
                     Claim for damages)
                        (98/C 209/61)                                             (Language of the case: German)
                                                                   In Case T-295/94: Buchmann GmbH, established at
               (Language of the case: English)                     Rinnthal, Germany, represented by Helmut Braun, Rechts-
                                                                   anwalt, Dresden, 21 Bergmannstraûe, Dresden, Germany
                                                                   v. Commission of the European Communities (Agents:
In Case T-184/94: Martin O'Casey, a member of the                  Bernd Langeheine, Richard Lyal and Dirk Schroeder) Ð
temporary staff of the JET Joint Undertaking, represented          application for annulment of Commission Decision 94/
by Georges Vandersanden, of the Brussels Bar, and Teertha          601/EC of 13 July 1994 relating to a proceeding under
Gupta, Barrister, with an adress for service in Luxembourg         Article 85 of the EC Treaty (IV/C/33.833 Ð Cartonboard,
at the offices of Fiduciaire Myson SARL, 30 Rue de                 OJ, L 243 of 19.9.1994, p. 1) Ð the Court (Third
Cessange v. Commission of the European Communities                 Chamber, Extended Composition), composed of B.
(Agents: Ana Maria Alves Vieira and Richard Lyal) Ð                Vesterdorf, President of the Chamber, C. P. BrieÈt, P. Lindh,
Application for annulment of the letter from the Deputy            A. Potocki and J. D. Cooke, Judges; J. Palacio GonzaÂlez,
Director of the International Thermonuclear Experimental           Administrator, for the Registrar, has given a judgment on
Reactor and head of the joint work site at Naka, Japan, of         14 May 1998 in which it:
16 July 1993 informing the applicant that his candidature
for the post of administrative assistant to the said Deputy
Director was rejected and of the decision contained in that        1. Annuls, as regards the applicant, the eighth indent of
letter to reject his candidature, and for damages to                   Article 1 of Commission Decision 94/601/EC of
compensate for the material and non-material harm thus                 13 July 1994 relating to a proceeding under Article 85
suffered by the applicant Ð the Court of First Instance                of the EC Treaty (IV/C/33.833 Ð Cartonboard).
(Fifth Chamber), composed of J. Azizi, President, R.
García-Valdecasas and M. Jaeger, Judges; J. Palacio                2. Sets the amount of the fine imposed on the applicant
GonzaÂlez, Administrator, for the Registrar, has given a               by Article 3 of Decision 94/601/EC at ECU
judgment on 12 May 1998 in which it:                                   2 150 000.
1. Dismisses the action as inadmissible.                           3. Dismisses the application as regards the remaining
                                                                       claims.
2. Orders the parties to bear their own costs.                     4. Orders the applicant to pay the costs, including the
                                                                       costs of the proceedings for interim relief.
(1) OJ C 188, 9.7.1994.
                                                                   (1) OJ C 351, 10.12.1994.