CELEX: C2004/059/01
Language: en
Date: 2004-03-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 January 2004 in Joined Cases C-204/00 P, C-205/00 P, C-211/00 P, C-213/00 P, C-217/00 P and C-219/00 P: Aalborg Portland A/S and Others v Commission of the European Communities (Appeal — Competition — Cement market — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Jurisdiction of the Court of First Instance — Rights of the defence — Access to the file — Single and continuous infringement — Liability for an infringement — Evidence of participation in the general agreement and measures of implementation — Fine — Determination of the amount)

6.3.2004               EN                          Official Journal of the European Union                                               C 59/1
                                                                        I
                                                                 (Information)
                                                    COURT OF JUSTICE
                                                              COURT OF JUSTICE
                JUDGMENT OF THE COURT                                      95 to T-71/95, T-87/95, T-88/95, T-103/95 and T-104/95
                                                                           Cimenteries CBR and Others v Commission [2000] ECR II-
                         (Fifth Chamber)                                   491, seeking to have that judgment set aside in part, the other
                                                                           party to the proceedings being: Commission of the European
                        of 7 January 2004                                  Communities, represented in Case C-204/00 P by R. Lyal and
                                                                           by H.P. Hartvig, acting as Agents, and in the other cases by
in Joined Cases C-204/00 P, C-205/00 P, C-211/00 P,                        R. Lyal, and also by N. Coutrelis, avocat (C-211/00 P) and by
C-213/00 P, C-217/00 P and C-219/00 P: Aalborg Portland                    A. Dal Ferro, avvocato (C-213/00 P, C-217/00 P and C-219/
A/S and Others v Commission of the European Communi-                       00 P), with an address for service in Luxembourg, the Court
                               ties (1)                                    (Fifth Chamber), composed of: P. Jann, acting for the President
                                                                           of the Fifth Chamber, D.A.O. Edward (Rapporteur) and
                                                                           A. La Pergola, Judges; D. Ruiz-Jarabo Colomer, Advocate
(Appeal — Competition — Cement market — Article 85(1)
                                                                           General; H. von Holstein, Deputy Registrar, and H.A. Rühl,
of the EC Treaty (now Article 81(1) EC) — Jurisdiction of
                                                                           Principal Administrator, has given a judgment on 7 January
the Court of First Instance — Rights of the defence —
                                                                           2004, in which it:
Access to the file — Single and continuous infringement —
Liability for an infringement — Evidence of participation in
the general agreement and measures of implementation —
             Fine — Determination of the amount)
                          (2004/C 59/01)                                   1.    Sets aside paragraph 12, seventh indent, of the operative part
                                                                                 of the judgment of the Court of First Instance of the European
      (Languages of the cases: Danish, English, French, Italian)                 Communities of 15 March 2000 in 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-66/95, T-68/95 to T-71/
In Joined Cases C-204/00 P, C-205/00 P, C-211/00 P, C-213/                       95, T-87/95, T-88/95, T-103/95 and T-104/95;
00 P, C-217/00 P and C-219/00 P, Aalborg Portland A/S,
established in Aalborg (Denmark), represented by K. Dyekjær-
Hansen and K. Høegh, advokaterne (C-204/00 P), Irish Cement
Ltd, established in Dublin (Ireland), represented by P. Sreenan            2.    Sets the amount of the fine imposed on Ciments français SA
SC, instructed by J. Glackin, Solicitor, with an address for                     for the infringement found in Article 1 of Commission Decision
service in Luxembourg (C-205/00 P), Ciments français SA,                         94/815/EC of 30 November 1994 relating to a proceeding
established in Paris (France), represented by A. Winckler,                       under Article 85 of the EC Treaty (Cases IV/33.126 and
avocat, with an address for service in Luxembourg (C-211/00                      33.322 — Cement) at EUR 9 620 000;
P), Italcementi — Fabbriche Riunite Cemento SpA, established
in Bergamo (Italy), represented by A. Predieri, M. Siragusa,
M. Beretta, C. Lanciani and F. Moretti, avvocati, with an address
for service in Luxembourg (C-213/00 P), Buzzi Unicem SpA,
                                                                           3.    Dismisses the appeals for the remainder;
formerly Unicem SpA, established in Casale Monferrato (Italy),
represented by C. Osti and A. Prastaro, avvocati, with an
address for service in Luxembourg (C-217/00 P), and Cementir
— Cementerie del Tirreno SpA, established in Rome (Italy),
represented by G.M. Roberti and P. Criscuolo Gaito, avvocati               4.    Orders Aalborg Portland A/S, Irish Cement Ltd, Italcementi-
(C-219/00 P): APPEAL against the judgment of the Court of                        Fabbriche Riunite Cemento SpA, Buzzi Unicem SpA and
First Instance of the European Communities in Joined Cases                       Cementir-Cementerie del Tirreno SpA to pay the costs in Cases
T-25/95, T-26/95, T-30/95 to T-32/95, T-34/95 to T-39/95,                        C-204/00 P, C-205/00 P, C-213/00 P, C-217/00 P and
T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95, T-68/                           C-219/00 P;
 ---pagebreak--- C 59/2                  EN                           Official Journal of the European Union                                              6.3.2004
5.    Orders Ciments français SA and the Commission of the                   1.    Dismisses the appeals;
      European Communities to bear their own costs in Case C-211/
      00 P.                                                                  2.    Orders the Bundesverband der Arzneimittel-Importeure eV,
                                                                                   Bayer AG and the European Federation of Pharmaceutical
                                                                                   Industries’ Associations to bear their own costs in relation to
(1) OJ C 247 of 26.08.2000.                                                        Case C-2/01 P;
                                                                             3.    Orders the Commission of the European Communities to pay
                                                                                   the costs in relation to Case C-3/01 P;
                                                                             4.    Orders the Kingdom of Sweden to bear its own costs.
                 JUDGMENT OF THE COURT
                                                                             (1) OJ C 79 of 10.03.2001.
                         of 6 January 2004
in Joined Cases C-2/01 P and C-3/01 P: Bundesverband
der Arzneimittel-Importeure eV against Commission of
                 the European Communities (1)
                                                                                                  ORDER OF THE COURT
(Appeals — Competition — Parallel imports — Article 85(1)
of the EC Treaty (now Article 81(1) EC) — Meaning of
agreement between undertakings — Proof of the existence of                                          of 11 November 2003
    an agreement — Market in pharmaceutical products)
                                                                                      in Case C-488/01 P: Jean-Claude Martinez (1)
                          (2004/C 59/02)
                                                                             (Appeal — Statement of formation of a group under
                   (Language of the case: German)                            Rule 29(1) of the Rules of Procedure of the European
                                                                             Parliament — Lack of political affinities — Retroactive
                                                                             dissolution of the TDI Group — Appeal manifestly inadmis-
(Provisional translation; the definitive translation will be published
                                                                                     sible in part and manifestly unfounded in part)
                   in the European Court Reports)
                                                                                                         (2004/C 59/03)
In Joined Cases C-2/01 P and C-3/01 P: Bundesverband der
Arzneimittel-Importeure eV, established in Mülheim an der                                         (Language of the case: French)
Ruhr (Germany), (Agnets: U. Zinsmeister and W.A. Rehmann),
with an address for service in Luxembourg, supported by                      (Provisional translation; the definitive translation will be published
European Association of Euro Pharmaceutical Companies                                            in the European Court Reports)
(EAEPC), established in Brussels (Belgium), (Agents: M. Epping
and M. Lienemeyer), with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: K. Wiedner and W. Wils, assisted by H.-J. Freund),                  In Case C-488/01 P, Jean-Claude Martinez, a member of
with an address for service in Luxembourg, supported by                      the European Parliament, residing in Montpellier (France),
Kingdom of Sweden (Agent: A. Kruse), and by European                         represented by F. Wagner and V. de Poulpiquet de Brescanvel,
Association of Euro Pharmaceutical Companies (EAEPC): two                    avocats: Appeal against the judgment of the Court of First
Appeals against the judgment of the Court of First Instance                  Instance of the European Communities (Third Chamber,
of the European Communities (Fifth Chamber, Extended                         Extended Composition) in Joined Cases T-222/99, T-327/99
Composition) of 26 October 2000 in Case T-41/96 Bayer v                      and T-329/99 Martinez and Others v Parliament [2001]
Commission [2000] ECR II-3383, seeking to have that judg-                    ECR II-2823, seeking to have that judgment set aside, the other
ment set aside, the other parties to the proceedings being: Bayer            parties to the proceedings being: European Parliament (Agents:
AG, established in Leverkusen (Germany), (Agent: J. Sedemund)                G. Garzón Clariana, J. Schoo and H. Krück), defendant at first
with an address for service in Luxembourg, and European                      instance, Charles de Gaulle, a member of the European
Federation of Pharmaceutical Industries’ Associations, estab-                Parliament, residing in Paris (France), applicant at first instance,
lished in Geneva (Switzerland), (Agent: A. Woodgate), the                    the Court, composed of: V. Skouris, President, P. Jann,
Court, composed of: V. Skouris, President, P. Jann,                          C.W.A. Timmermans (Rapporteur), C. Gulmann, J.N. Cunha
C.W.A. Timmermans and J.N. Cunha Rodrigues (Presidents of                    Rodrigues and A. Rosas, Presidents of Chambers,
Chambers), D.A.O. Edward (Rapporteur), A. La Pergola, J.-                    D.A.O. Edward, A. La Pergola, J.-P. Puissochet, R. Schintgen,
P. Puissochet, R. Schintgen, F. Macken, N. Colneric and S. von               F. Macken, N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo
Bahr, Judges; A. Tizzano, Advocate General; H.A. Rühl,                       Colomer, Advocate General; R. Grass, Registrar, has made an
Principal Administrator, for the Registrar, has given a judgment             order on 11 November 2003, the operative part of which is as
on 6 January 2004, in which it:                                              follows: