CELEX: C1998/327/33
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 September 1998 in Case T-110/95: International Express Carriers Conference (IECC) v Commission of the European Communities (Competition - Remail - Action for annulment - Partial rejection of a complaint - Community interest)

24.10.98              EN                 Official Journal of the European Communities                                   C 327/19
lists every third time the end of a rota is reached in respect      Chamber, Extended Composition), composed of: B.
of cases covered by the first indent of paragraph 2(c), or          Vesterdorf, President, C. P. BrieÈt, P. Lindh, A. Potocki and
every sixth time the end of the rota is reached in respect          J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
of cases covered by paragraph 2(a) and the second and               for the Registrar, has given a judgment on 16 September
third indents of paragraph 2(c).                                    1998, in which it:
The President of the Court of First Instance may derogate           1. Declares that the case need not proceed to judgment;
from that order on the ground that cases are related or
with a view to ensuring an even spread of the workload.
                                                                    2. Orders each party to bear its own costs.
Plenary session
                                                                    (1) OJ C 119, 13.5.1995.
At its meeting on 21 September 1998, the Court of First
Instance decided pursuant to the second subparagraph of
Article 32(1) of the Rules of Procedure of the Court of
First Instance that where, following the designation of an
Advocate General pursuant to Article 17 of the Rules of
Procedure, there is an even number of Judges in the Court
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
of First Instance sitting in plenary session, the rota
established in advance in accordance with which the                                      of 16 September 1998
President of the Court is to designate the Judge who will
not take part in the judgment of the case shall be in               in Case T-110/95: International Express Carriers
reverse order to that in which the Judges rank according            Conference (IECC) v Commission of the European
to their seniority in office under Article 6 of the Rules of                                Communities (1)
Procedure unless the Judge who would thus be designated
                                                                    (Competition Ð Remail Ð Action for annulment Ð
is the Judge-Rapporteur. In that event, it shall be the Judge
                                                                       Partial rejection of a complaint Ð Community interest)
ranking immediately above him who shall be designated.
                                                                                             (98/C 327/33)
                                                                                    (Language of the case: English)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           In Case T-110/95: International Express Carriers
                    of 16 September 1998                            Conference (IECC), having its headquarters in Geneva
                                                                    (Switzerland), represented by EÂric Morgan de Rivery, of
in Case T-28/95: International Express Carriers                     the Paris Bar, and Jacques Derenne, of the Brussels and
Conference (IECC) v Commission of the European                      Paris Bars, with an address for service in Luxembourg at
                       Communities (1)                              the Chambers of Alex Schmitt, 62 Avenue Guillaume,
(Competition Ð Action for a declaration of failure to act           against Commission of the European Communities
       Ð No need for the case to proceed to judgment)               (Agents: initially Francisco Enrique GonzaÂlez-Díaz and
                                                                    Rosemary Caudwell, subsequently Rosemary Caudwell,
                        (98/C 327/32)                               Fabiola Mascardi and Nicholas Forwood), supported by
                                                                    United Kingdom of Great Britain and Northern Ireland
                                                                    (Agents: Stephanie Ridley, and, during the oral procedure,
                (Language of the case: English)                     also Nicholas Green), La Poste, represented by HerveÂ
                                                                    Lehman and Sylvain Rieuneau, of the Paris Bar, with an
                                                                    address for service in Luxembourg at the Chambers of
In Case T-28/95: International Express Carriers                     Aloyse May, 31 Grand-Rue, and The Post Office,
Conference (IECC), having its headquarters in Geneva                represented by Ulick Bourke, Solicitor of the Supreme
(Switzerland), represented by EÂric Morgan de Rivery, of            Court of England and Wales, and, during the oral
the Paris Bar, and Jacques Derenne, of the Brussels and             procedure, also by Stuart Isaacs and Sarah Moore,
Paris Bars, with an address for service in Luxembourg at            Barristers, with an address for service in Luxembourg at
the Chambers of Alex Schmitt, 62 Avenue Guillaume,                  the Chambers of Loesch and Wolter, 11 Rue Goethe Ð
against Commission of the European Communities                      application for the annulment of the Commission decision
(Agents: initially Francisco Enrique GonzaÂlez-Díaz and             of 17 February 1995 definitively rejecting that part of the
Rosemary Caudwell, and subsequently Rosemary                        complaint filed by the applicant on 13 July 1988
Caudwell and Fabiola Mascardi) Ð application for a                  denouncing a price-fixing agreement concluded in October
declaration that, in failing to define its position on the          1987 by a number of public postal operators Ð the Court
applicant's complaint based on Articles 85 and 86 of the            of First Instance (Third Chamber, Extended Composition),
EC Treaty (IV/32.791 Ð Remail), the Commission has                  composed of: B. Vesterdorf, President, C. P. BrieÈt, P.
failed to act Ð the Court of First Instance (Third                  Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio
 ---pagebreak--- C 327/20              EN                 Official Journal of the European Communities                                 24.10.98
GonzaÂlez, Administrator, for the Registrar, has given a            of 6 April 1995 and 14 August 1995, by which the
judgment on 16 September 1998, in which it:                         Commission definitively rejected that part of the
                                                                    complaint filed by the applicant on 13 July 1988 against
                                                                    the interception, pursuant to Article 25 of the Universal
1. Dismisses the action for annulment as unfounded;                 Postal Union Convention, by a number of public postal
                                                                    operators, of mail which had been the subject of remailing
                                                                    Ð the Court of First Instance (Third Chamber, Extended
2. Orders the applicant to bear its own costs, as well as           Composition), composed of: B. Vesterdorf, President, C. P.
    those of the Commission and La Poste;                           BrieÈt, P. Lindh, A. Potocki and J. D. Cooke, Judges; H.
                                                                    Jung, Registrar, has given a judgment on 16 September
                                                                    1998, in which it:
3. Orders the United Kingdom of Great Britain and
    Northern Ireland and the Post Office to bear their
    own costs.                                                      1. Joins Cases T-133/95 and T-204/95 for the purposes of
                                                                         the judgment;
(1) OJ C 189, 22.7.1995.
                                                                    2. Annuls the decision of 6 April 1995 in so far as it
                                                                         concerns commercial physical ABA remail;
                                                                    3. Dismisses the remainder of the actions;
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 16 September 1998                            4. Orders the Commission to bear the applicant's costs in
                                                                         Case T-133/95;
in Joined Cases T-133/95 and T-204/95: International
Express Carriers Conference (IECC) v Commission of the
                  European Communities (1)                          5. Orders the applicant to bear the Commission's costs in
                                                                         Case T-204/95;
(Competition Ð Remail Ð Action for annulment Ð
               Partial rejection of a complaint)
                         (98/C 327/34)                              6. Orders the interveners to bear their own costs in Cases
                                                                         T-133/95 and T-204/95.
               (Language of the case: English)                      (1) OJ C 229, 2.9.1995 and C 351, 30.12.1995.
In Cases T-133/95 and T-204/95: International Express
Carriers Conference (IECC), having its headquarters in
Geneva (Switzerland), represented by EÂric Morgan de
Rivery, of the Paris Bar, and Jacques Derenne, of the
Brussels and Paris Bars, with an address for service in
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
Luxembourg at the Chambers of Alex Schmitt, 62 Avenue
Guillaume, against Commission of the European                                           of 15 September 1998
Communities (Agents: initially Francisco Enrique
GonzaÂlez-Díaz and Rosemary Caudwell, and subsequently              in Case T-3/96: Roland Haas and Others v Commission
Rosemary Caudwell and Fabiola Mascardi, assisted by                                of the European Communities (1)
Nicholas Forwood QC), supported, in Cases T-133/95 and              (Officials Ð Proportion of remuneration transferred Ð
T-204/95, by the United Kingdom of Great Britain and                 Weighting Ð Adjustment of capital sum Ð Retroactivity)
Northern Ireland (Agents: Stephanie Ridley, and, during
the oral procedure, also Nicholas Green QC), Deutsche                                       (98/C 327/35)
Post AG, represented by Dirk Schroeder, Rechtsanwalt,
Cologne, with an address for service in Luxembourg at the
Chambers of Loesch and Wolter, 11 Rue Goethe, and The                               (Language of the case: French)
Post Office, represented by Ulick Bourke, Solicitor of the
Supreme Court of England and Wales, and, during the
oral procedure, also by Stuart Isaacs and Sarah Moore,              In Case T-3/96: Roland Haas, Hans-Werner Schmidt,
Barristers, with an address for service in Luxembourg at            Siegfried Schweikle, Albert Veith and Horst Wohlfeil,
the Chambers of Loesch and Wolter, 11 Rue Goethe, and,              officials of the Commission of the European Communities,
in Case T-133/95, by La Poste, represented by HerveÂ                residing in Luxembourg, represented by Georges
Lehman and Sylvain Rieuneau, of the Paris Bar, with an              Vandersanden and Laure Levi, of the Brussels Bar, with an
address for service in Luxembourg at the Chambers of                address for service in Luxembourg at the offices of the
Aloyse May, 31 Grand-Rue, Ð applications for, in                    Fiduciaire Myson SARL, 30 Rue de Cessange, against
substance, the annulment of the Commission decisions                Commission of the European Communities (Agent: