CELEX: C2002/191/17
Language: en
Date: 2002-08-10 00:00:00
Title: Order of the Court (Fifth Chamber) of 5 June 2002 in Case C-211/00 P: Ciments Français SA v Commission of the European Communities (Appeals — Competition — Cement — Article 85(1) of the EC Treaty (now, Article 81(1) EC) — Appeal in part manifestly unfounded)

C 191/10                  EN                      Official Journal of the European Communities                                          10.8.2002
1.    The second ground of appeal is dismissed in its entirety as in               —     the second, third and seventh heads of the fourth plea in
      part manifestly inadmissible and in part manifestly unfounded.                     law,
2.    Costs are reserved.                                                          with the exception, as regards the fourteenth head of the third
                                                                                   plea in law and the third head of the fourth plea in law, of the
                                                                                   arguments based on the Court of First Instance’s assessment of
(1) OJ C 247 of 26.8.2000.                                                         the overall responsibility of the undertakings involved in the
                                                                                   single infringement;
                                                                             2.    Costs are reserved.
                                                                             (1) OJ C 247 of 26.8.2000.
                      ORDER OF THE COURT
                            (Fifth Chamber)
                                                                                                  ORDER OF THE COURT
                             of 5 June 2002
                                                                                                        (Fifth Chamber)
in Case C-205/00: Irish Cement Ltd v Commission of the
                     European Communities (1)
                                                                                                         of 5 June 2002
(Appeal — Competition — Cement — Article 85(1) of the
EC Treaty (now Article 81(1) EC) — Appeal in part                            in Case C-211/00 P: Ciments Français SA v Commission
 manifestly inadmissible and in part manifestly unfounded)                                   of the European Communities (1)
                                                                             (Appeals — Competition — Cement — Article 85(1) of the
                           (2002/C 191/16)
                                                                             EC Treaty (now, Article 81(1) EC) — Appeal in part
                                                                                                    manifestly unfounded)
                     (Language of the case: English)
                                                                                                        (2002/C 191/17)
                                                                                                  (Language of the case: French)
In Case C-205/00 P, Irish Cement Ltd, established in Dublin
(Ireland), represented by P. Sreenan, SC, instructed by J. Glack-
in, solicitor, with an address for service in Luxembourg: Appeal             (Provisional translation; the definitive translation will be published
against the judgment of the Fourth Chamber, Extended                                             in the European Court Reports)
Composition, of the Court of First Instance of the European
Communities in Joined Cases T-25/95, T-26/95, T-30/95 to
T-32/95, T-34/95 to T-39/95, T-42/95 to T-46/95, T-48/95,
T-50/95 to T-65/95, T-68/95 to T-71/95, T-87/95, T-88/95,                    In Case C-211/00 P: Ciments Français SA, established in Paris,
T-103/95 and T-104/95 Cimenteries CBR and Others v                           represented by A. Winckler, lawyers — appeal against the
Commission [2000] ECR II-491, seeking to have that judgment                  judgment of the Court of First Instance of the European
set aside in part, the other party to the proceedings being:                 Communities, Fourth Chamber, Extended Composition, of
Commission of the European Communities (Agent: R. Lyal),                     15 March 2000 in Joined Cases T-25/95, T-36/95, T-30/95 to
the Court (Fifth Chamber), composed of: P. Jann, President of                T-32/95, T-34/95 to T-39/95, T-42/95 to T-46/95, T-48/95,
the Chamber, D.A.O. Edward (Rapporteur), A. La Pergola,                      T-50/95 to T-65/95, T-68/95 to T-71/95, T-87/95 to T-88/95
M. Wathelet and A. Rosas, Judges; D. Ruiz-Jarabo Colomer,                    and T-103/95 to T-104/95 Cimenteries CBR and Others v
Advocate General; R. Grass, Registrar, has made an order on                  Commission [2000] ECR II-491, seeking to have that judgment
5 June 2002, the operative part of which is as follows:                      partially set aside, the other party to the proceedings being
                                                                             Commission of the European Communities (Agents: R. Lyal,
                                                                             assisted by N. Coutrelis) — the Court (Fifth Chamber),
1.    The following are rejected as manifestly inadmissible and              composed of P. Jann, President of the Chamber, D.A.O. Edward
      manifestly unfounded:                                                  (Rapporteur), A. La Pergola, M. Wathelet and A. Rosas, Judges;
                                                                             D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
      —     the first to third, ninth to twelfth and fourteenth heads of     made an order on 5 June 2002, the operative part of which is
            the third plea in law,                                           as follows:
 ---pagebreak--- 10.8.2002                EN                       Official Journal of the European Communities                                           C 191/11
1.    The first and fourth grounds of appeal are dismissed as                1.    The fourth, fifth and sixth grounds of appeal are dismissed in
      manifestly unfounded.                                                        their entirety as manifestly unfounded.
2.    Costs are reserved.                                                    2.    Costs are reserved.
(1) OJ C 247 of 26.8.2000.                                                   (1) OJ C 247 of 26.8.2000.
                     ORDER OF THE COURT
                                                                                                   ORDER OF THE COURT
                           (Fifth Chamber)
                                                                                                         (Fifth Chamber)
                            of 5 June 2002
                                                                                                          of 5 June 2002
in Case C-213/00 P: Italcementi — Fabbriche Riunite
Cemento SpA v Commission of the European Communi-                            in Case C-217/00 P: Buzzi Unicem SpA v Commission of
                                 ties (1)                                                      the European Communities (1)
(Appeals — Competition — Cement — Article 85(1) of the                       (Appeals — Competition — Cement — Article 85(1) of the
EC Treaty (now, Article 81(1) EC) — Appeal in part                           EC Treaty (now, Article 81(1) EC) — Appeal in part
                       manifestly unfounded)                                  manifestly inadmissible and in part manifestly unfounded)
                           (2002/C 191/18)
                                                                                                         (2002/C 191/19)
                     (Language of the case: Italian)
                                                                                                   (Language of the case: Italian)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-219/00 P: Italcementi — Fabbriche Riunite Cemento
SpA, established in Bergamo, Italy, represented by A. Predieri,              In Case C-217/00 P: Buzzi Unicem SpA, formerly Unicem
M. Siragusa, M. Beretta, C. Lanciani and F. M. Moretti, lawyers              SpA, established in Casale Monferrato (Italy), represented by
— appeal against the judgment of the Court of First Instance                 C. Osti and A. Prastaro, lawyers — appeal against the judgment
of the European Communities, Fourth Chamber, Extended                        of the Court of First Instance of the European Communities,
Composition, of 15 March 2000 in Joined Cases T-25/95,                       Fourth Chamber, Extended Composition, of 15 March 2000
T-36/95, T-30/95 to T-32/95, T-34/95 to T-39/95, T-42/95                     in Joined Cases T-25/95, T-36/95, T-30/95 to T-32/95, T-34/
to T-46/95, T-48/95, T-50/95 to T-65/95, T-68/95 to T-71/                    95 to T-39/95, T-42/95 to T-46/95, T-48/95, T-50/95 to
95, T-87/95 to T-88/95 and T-103/95 to T-104/95 Cimente-                     T-65/95, T-68/95 to T-71/95, T-87/95 to T-88/95 and T-103/
ries CBR and Others v Commission [2000] ECR II-491, seeking                  95 to T-104/95 Cimenteries CBR and Others v Commission
to have that judgment set aside, the other party to the                      [2000] ECR II-491, seeking to have that judgment set aside,
proceedings being Commission of the European Communities                     the other party to the proceedings being Commission of the
(Agents: R. Lyal, assisted by A. Dal Ferro) — the Court (Fifth               European Communities (Agents: R. Lyal, assisted by A. Dal
Chamber), composed of P. Jann, Presidents of the Chamber,                    Ferro) — the Court (Fifth Chamber), composed of P. Jann,
D.A.O. Edward (Rapporteur), A. La Pergola, M. Wathelet and                   Presidents of the Chamber, D.A.O. Edward (Rapporteur), A. La
A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                  Pergola, M. Wathelet and A. Rosas, Judges; D. Ruiz-Jarabo
R. Grass, Registrar, made an order on 5 June 2002, the                       Colomer, Advocate General; R. Grass, Registrar, made an order
operative part of which is as follows:                                       on 5 June 2002, the operative part of which is as follows: