CELEX: C1995/208/38
Language: en
Date: 1995-08-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 8 June 1995 in Case T-7/93: Langnese-Iglo GmbH 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 Trade between Member States P Comfort letter P Block exemption P Lawfulness of the withdrawal of the exemption P Prohibition of concluding exclusive agreements in the future)

No C 208/ 18              EN                 Official Journal of the European Communities                                   12 . 8 . 95
of the Court ofJustice and the third paragraph of Article 5 of           JUDGMENT OF THE COURT OF FIRST INSTANCE
the ECSC Statute of the Court of Justice, the decisions of                                        of 8 June 1995
2 June 1994 i 1 ) and 18 January 1995 (2 ) on the designation
of the Presidents of Chambers, the composition of the                   in Case T-7/93 : Langnese-Iglo GmbH v. Commission of the
Chambers and the assignment of cases to them would                                         European Communities ( l )
continue to apply and President of the Court Jose Luis da               (Competition — Exclusive purchasing agreements for
Cruz Vilaça could continue to exercise the presidency of the            ice-cream — Relevant market — Possible barriers to entry to
Court of First Instance .                                               the market by third parties — Trade between Member
                                                                        States — Comfort letter — Block exemption — Lawfulness
(') OJ No C 233 , 20 . 8 . 1994 .                                       of the withdrawal of the exemption — Prohibition of
( 2 ) OJ No C 54, 4 . 3 . 1995 .                                                concluding exclusive agreements in the future)
                                                                                                   ( 95/C 208/38 )
                                                                                        (Language of the case: German)
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 18 May 1995                               In Case T-7/93 : Langnese-Iglo GmbH, established in
in Case T-478/93 : Wafer Zoo Sri v. Commission of the                   Hamburg ( Germany), represented by Martin Heidenhain,
                    European Communities ( J )                          Bernhard M. Maassen and Horst Satzky, Rechtsanwälte,
                                                                        Frankfurt-am-Main, with an address for service in
(Common agriculturalpolicy — Council Regulation (EEC)
No 866/90 on improving the processing and marketing                     Luxembourg at the chambers of Jean Hoss, 15 Cote d'Eich
conditions for agricultural products — Commission                       v. Commission of the European Communities ( Agents :
Decision 90/342/EEC on the selection criteria to be adopted             Bernd Langeheine and Alexander Böhlke ), supported by
for investments eligible for Community assistance —                     Mars GmbH, established in Viersen ( Germany ), represented
Decision ofthe Commission rejecting a financing project —               by Jochim Sedemund, Rechtsanwalt, Cologne, and by John
                                                                        Pheasant, Solicitor, with an address for service in
               Action for annulment and damages)
                                                                        Luxembourg at the Chambers of Michel Molitor, 14a Rue
                             ( 95/C 208/37 )                            de Bains — application for the annulment of Commission
                                                                        Decision 93/406/EEC of 23 December 1992 relating to a
                  (Language of the case: Italian)                       proceeding pursuant to Article 85 of the EEC Treaty against
                                                                        Langnese-Iglo GmbH ( IV/34.072 ) ( 2 ), the Court of First
In Case T-478/93 : Wafer Zoo Sri, established in Pesaro                 Instance ( Second Chamber, extended composition ),
( Italy ), represented by Wilma Viscardini Dona, of the Padua           composed of: B. Vesterdorf, President, D. P. M. Barrington,
Bar, with an address for service in Luxembourg at the                   A. Saggio, H. Kirschner and A. Kalogeropoulos, Judges; H.
Chambers of Ernest Arendt, 8—10 Rue Mathias Hardt, v.                   Jung, Registrar, has given a judgment on 8 June 1995 , in
                                                                        which it:
Commission of the European Communities ( agents:
Eugenio de March and Alexandre Carnelutti ) —
application, first, for the annulment, pursuant to Article 1 73         1 . annuls Article 4 of Commission Decision 93/406/EEC
of the EC Treaty, of Decision C ( 92 ) 2264 of 30 September                   of 23 December 1 992 relating to a proceeding pursuant
1992, by which the Commission refused the financing of a                      to Article 85 of the EEC Treaty against Langnese-Iglo
project submitted by the applicant under Council                              GmbH (IV/34.072);
Regulation ( EEC ) No 866/90 of 29 March 1990 on
improving the processing and marketing conditions for
agricultural products ( 2 ), and, second, for compensation              2 . for the rest, dismisses the application;
pursuant to Articles 178 and 215 of the EC Treaty for the
damage allegedly caused to the applicant by that decision —
the Court of First Instance ( First Chamber ), composed of:             3 . orders the applicant to bear all the costs of            the
J. L. Cruz Vilaça , President, and H. Kirschner and A.                        proceedings, including those in respect of             the
Kalogeropoulos, Judges; H. Jung, Registrar, has given a                       application for interim measures and those of          the
judgment on 18 May 1995 , in which it:                                        intervener, with the exception of one-quarter of       the
                                                                              costs incurred by the defendant;
1 . annuls Decision C (92) 2264 of the Commission of
      30 September 1992;
                                                                        4 . orders the defendant to bear one-quarter of its own
                                                                              costs .
2 . dismisses the claim for damages;
3 . orders the Commission to pay the costs.
                                                                        (>) OJ No C 54 , 25 . 2 . 1993 .
                                                                        ( 2 ) OJ No L 183 , 26 . 7. 1993 , p . 19 .
(!) OJ No C 146 , 26 . 5 . 1993 .
( 2 ) OJ No L 91 , 6 . 4 . 1990 .