CELEX: C2000/047/47
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court of First Instance of 15 December 1999 in Case T-22/97: Kesko Oy v Commission of the European Communities (Control of concentrations — Action for annulment — Admissibility — Object of the proceedings — Competence of the Commission under Article 22(3) of Regulation (EEC) No 4064/89 — Effect on trade between Member States — Creation of a dominant position)

C 47/28                  EN                      Official Journal of the European Communities                                       19.2.2000
residue limits of veterinary medicinal products in foodstuffs of            Commission of the European Communities (Agents: Klaus
animal origin (OJ 1996 L 170, p. 8) — the Court of                          Wiedner and Stephen Kinsella), supported by Republic of
First Instance (Second Chamber), composed of: A. Potocki,                   Finland (Agents: Tuula Pynnä and David Vaughan QC) and
President, and C.W. Bellamy and A.W.H. Meij, Judges; B. Pas-                French Republic (Agents: Jean-François Dobelle, Frédérik Milli-
tor, Principal Administrator, for the Registrar, has given a                on and Kareen Rispal-Bellanger) — application for annulment
judgment on 1 December 1999, the operative part of which is                 of Commission Decision 97/277/EC of 20 November 1996
as follows:                                                                 declaring a concentration to be incompatible with the common
                                                                            market (Case No IV/M.784 — Kesko/Tuko) (OJ 1997 L 110,
1. Cases T-125/96 and T-152/96 are joined for the purposes of               p. 53) — the Court of First Instance (Second Chamber,
     this judgment.                                                         Extended Composition), composed of: A. Potocki, President,
                                                                            K. Lenaerts, C.W. Bellamy, J. Azizi and A.W.H. Meij, Judges;
2. Commission Regulation (EC) No 1312/96 of 8 July 1996                     A. Mair, Administrator, for the Registrar, has given a judgment
     amending Annex III of Council Regulation (EEC) No 2377/90              on 15 December 1999, in which it:
     laying down a Community procedure for the establishment of
     maximum residue limits of veterinary medicinal products in             1. Dismisses the action;
     foodstuffs of animal origin is annulled, in so far as it restricts the
     validity of the MRLs which it establishes for clenbuterol to certain   2. Orders the applicant to bear its own costs and to pay the costs of
     specified therapeutic indications for bovines and equines.                  the Commission;
3. For the rest, the applications are dismissed.                            3. Orders the Republic of Finland and the French Republic to bear
                                                                                 their own costs.
4. In Case T-125/96, the applicants and Fédération Européenne de
     la Santé Animale (Fedesa), as regards its intervention, are ordered
     to bear their own costs and those of the Council. The United           (1) OJ No C 131 of 26.4.97.
     Kingdom, the Commission and Stichting Kwaliteitsgarantie
     Vleeskalverensector (SKV) are ordered to bear their own costs.
5. In Case T-152/96, the Commission is ordered to bear its own
     costs and to pay one-half of the costs of the applicants and
     Fedesa, the other half to be borne by them. The Council and SKV
     are ordered to bear their own costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ No C 318 of 26.10.1996 and C 354 of 23.11.1996.
                                                                                                  of 15 December 1999
                                                                            in Joined Cases T-33/98 and T-34/98: Petrotub SA and
                                                                                 Republica SA v Council of the European Union (1)
                                                                            (Anti-dumping duties — Seamless pipes and tubes of iron or
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 non-alloy steel — Europe agreement with Romania —
                                                                            Normal value — Dumping margin — Injury — Procedural
                                                                                                    rights of exporters)
                       of 15 December 1999
                                                                                                      (2000/C 47/48)
in Case T-22/97: Kesko Oy v Commission of the European
                           Communities (1)
                                                                                                (Language of the case: English)
(Control of concentrations — Action for annulment —
Admissibility — Object of the proceedings — Competence
of the Commission under Article 22(3) of Regulation (EEC)                   In Joined Cases T-33/98 and T-34/98: Petrotub SA, established
No 4064/89 — Effect on trade between Member States —                        in Roman, Romania, and Republica SA, a company incorpor-
                  Creation of a dominant position)                          ated under Romanian law, established in Bucharest, Romania,
                                                                            represented by Alfred L. Merckx, of the Brussels Bar, with an
                                                                            address for service in Luxembourg at the Chambers of Duro &
                            (2000/C 47/47)                                  Lorang, 4 Boulevard Royal, against Council of the European
                                                                            Union (Agents: Stephan Marquardt, Hans-Jürgen Rabe and
                                                                            Georg M. Berrisch), supported by Commission of the European
                     (Language of the case: English)                        Communities (Agents: Nicholas Khan and Viktor Kreuschitz)
                                                                            — application for the annulment of Council Regulation
In Case T-22/97: Kesko Oy, established in Helsinki, represented             (EC) No 2320/97 of 17 November 1997 imposing definitive
by Gerwin van Gerven, of the Brussels Bar, and Sarah Beeston,               anti-dumping duties on imports of certain seamless pipes and
Solicitor, with an address for service in Luxembourg at the                 tubes of iron or non-alloy steel originating in Hungary, Poland,
Chambers of Loesch & Wolter, 11 Rue Goethe, against                         Russia, the Czech Republic, Romania and the Slovak Republic,