CELEX: C2000/149/55
Language: en
Date: 2000-05-27 00:00:00
Title: Judgment of the Court of First Instance of 30 March 2000 in Case T-65/96: Kish Glass & Co. Ltd v Commission of the European Communities [Competition — Float glass — Rights of defence and procedural rights of the complainant — Product market and geographical market — Article 86 of the EC Treaty (now Article 82 EC)]

27.5.2000                EN                      Official Journal of the European Communities                                    C 149/29
                                                           COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 30 March 2000                                                         of 30 March 2000
in Case T-513/93: Consiglio Nazionale degli Spedizionieri                   in Case T-65/96: Kish Glass & Co. Ltd v Commission of
Doganali v Commission of the European Communities (1)                                       the European Communities (1)
[(Competition — Customs agents — Meaning of ‘undertak-                      [Competition — Float glass — Rights of defence and
ing’ and ‘an association of undertakings’ — Decisions                       procedural rights of the complainant — Product market and
adopted by associations of undertakings — Setting of tariffs                geographical market — Article 86 of the EC Treaty (now
— Governed by public law — Applicability of Article 85(1)                                            Article 82 EC)]
              of the EC Treaty (now Article 81 EC)]
                                                                                                    (2000/C 149/55)
                           (2000/C 149/54)
                                                                                              (Language of the case: English)
                     (Language of the case: Italian)
                                                                            In Case T-65/96 Kish Glass & Co. Ltd, established in Dublin
In Case T-513/93: Consiglio Nazionale degli Spedizionieri                   (Ireland), represented by M. Byrne, Solicitor, with an address
Doganali, established in Rome, represented by A. Pappalardo,                for service in Luxembourg at the Chambers of Arendt and
of the Trapani Bar, A. Marzano, of the Rome Bar, and A.                     Medernach, 8-10 Rue Mathias Hardt v Commission of the
Tizzano, of the Naples Bar, with an address for service in                  European Communities, (Agents: initially by R. Lyal and R.
Luxembourg at the Chambers of A. Lorang, 51 Rue Albert 1er                  Caudwell, and subsequently, in the oral procedure, by B.
v Commission of the European Communities (Agents: initially                 Doherty) supported by Pilkington United Kingdom Ltd, estab-
M. Mensi and E. Traversa, subsequently G. Marenco and E.                    lished in Saint Helens, Merseyside (United Kingdom), represent-
Traversa), supported by the Associazione Italiana dei Corrieri              ed by J. Kallaugher, Solicitor, A. Weitbrecht, Berlin and M.
Aerei Internazionali, established in Milan, represented by L.               Hansen, Brussels, with an address for service in Luxembourg
Magrone Furlotti and C. Osti, of the Rome Bar, with an address              at the Chambers of Loesch & Wolter, 11 Rue Goethe, —
for service in Luxembourg at the Chambers of M. Loesch, 11                  application for annulment of the Commission Decision of
Rue Goethe — application for annulment of Commission                        21 February 1996 (IV/34.193 — Kish Glass) rejecting the
Decision 93/438/EEC of 30 June 1993 relating to a proceeding                complaint made by the applicant on 17 January 1992 pursuant
pursuant to Article 85 of the EEC Treaty (IV/33.407 — CNSD)                 to Article 3(2) of Council Regulation No 17 of 6 February
(OJ 1993 L 203, p. 27) — the Court of First Instance (Fifth                 1962, First Regulation implementing Articles 85 and 85 of the
Chamber, Extended Composition), composed of J.D. Cooke,                     Treaty (OJ, English Special Edition 1959-1962, p. 87) alleging
President, and R. Garcı́a-Valdecasas, P. Lindh, J. Pirrung and M.           an infringement of Article 86 of the EC Treaty (now Article 82
Vilaras, Judges; J. Palacio González, Administrator, for the               EC) — the Court (Fourth Chamber), composed of: R.M. Moura
Registrar, gave a judgment on 30 March 2000, the operative                  Ramos, President, V. Tiili and P. Mengozzi, Judges; J. Palacio
part of which is as follows:                                                González, Administrator, for the Registrar, has given a judg-
                                                                            ment on 30 March 2000, in which it:
1. The application is dismissed.
                                                                            1. Dismisses the application;
2. The applicant is ordered to bear its own costs, together with those
     incurred by the Commission and by the Associazione Italiana dei        2. Orders the applicant to pay the costs.
     Corrieri Aerei Internazionali, intervener.
(1) OJ C 312 of 18.11.1993.                                                 (1) OJ C 210 of 20.7.1996.