CELEX: C2002/156/27
Language: en
Date: 2002-06-29 00:00:00
Title: Judgment of the Court of First Instance of 20 March 2002 in Case T-21/99, Dansk Rørindustri A/S v Commission of the European Communities (Competition — Cartel — District heating pipes — Article 85 of the EC Treaty (now Article 81 EC) — Continuous infringement — Boycott — Fine — Guidelines on the method of setting fines — Non-retroactivity — Legitimate expectations)

29.6.2002                EN                      Official Journal of the European Communities                                         C 156/15
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 20 March 2002
                                                                                                     of 7 March 2002
in Case T-21/99, Dansk Rørindustri A/S v Commission of
                  the European Communities (1)
                                                                            in Case T-95/99: Satellimages TV 5 SA v Commission of
                                                                                             the European Communities (1)
(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) —
Continuous infringement — Boycott — Fine — Guidelines
on the method of setting fines — Non-retroactivity —                        (Action for annulment — Competition — Complaint —
                      Legitimate expectations)                              Commission letter addressed to the complainant — Prepara-
                                                                                            tory measure — Inadmissibility)
                           (2002/C 156/27)
                                                                                                     (2002/C 156/28)
                    (Language of the case: Danish)
                                                                                               (Language of the case: English)
In Case T-21/99, Dansk Rørindustri A/S, established in Frede-
ricia (Denmark), represented by K. Dyekjær-Hansen, K. Høegh
et C. Karhula Lauridsen, avocats, with an address for service in
Luxembourg, against Commission of the European Commu-
nities (Agents: E. Gippini Fournier and H.C. Støvlbæk) —                    In Case T-95/99, Satellimages TV 5 SA, established in Paris
application for annulment of Commission Decision 1999/60/                   (France), represented by E. Marissens, lawyer, with an address
EC of 21 October 1998 relating to a proceeding under                        for service in Luxembourg, supported by French Republic
Article 85 of the EC Treaty (Case No IV/35.691/E-4: — Pre-                  (Agents: initially K. Rispal-Bellanger, and, subsequently, G. de
Insulated Pipe Cartel) (OJ 1999 L 24, p. 1) and also for                    Bergues and F. Million), v Commission of the European
reduction of the fine imposed on the applicant by that decision             Communities (Agents: B. Doherty and K. Wiedner), supported
— the Court of First Instance (Fourth Chamber), composed of                 by Deutsche Telekom Ag, established in Bonn (Germany),
P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges;              represented by F. Roitzsch and K. Quack, with an address for
J. Palacio González, Administrator, for the Registrar, has given           service in Luxembourg: Application for the annulment of the
a judgment on 20 March 2002, in which it:                                   alleged decision by the Commission of 15 February 1999
                                                                            relating to a complaint by the applicant under Article 86 of
                                                                            the EC Treaty (now Article 82 EC) (IV/36.968 — Satellimages
1.    Annuls Commission Decision 1999/60/EC of 21 October                   TV 5/Deutsche Telekom), the Court of First Instance (Second
      1998 relating to a proceeding under Article 85 of the EC              Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
      Treaty (Case No IV/35.691/E-4 — Pre-Insulated Pipe Cartel)            rung and A.W.H. Meij, Judges; H. Jung, Registrar, has given a
      in so far as it finds that the applicant infringed Article 85(1)      judgment on 7 March 2002, in which it:
      of the Treaty by participating in the infringement referred to in
      that article during the period April to August 1994;
                                                                            1.    Dismisses the application as inadmissible;
2.    Dismisses the remainder of the application;
                                                                            2.    Orders the applicant to bear its own costs and to pay the costs
3.    Orders the applicant to bear its own costs and to pay 90 % of               incurred by the Commission;
      the costs incurred by the Commission;
                                                                            3.    Orders the interveners to bear their own costs.
4.    Orders the Commission to bear 10 % of its own costs.
                                                                            (1) OJ C 188 of 3.7.1999.
(1) OJ C 100 of 10.4.1999.