CELEX: C2004/035/15
Language: en
Date: 2004-02-07 00:00:00
Title: Order of the President of the Court of First Instance of 30 October 2003 In Joined Cases T-125/03 R: Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission of the European Communities (Interim measures — Competition — Commission's powers of investigation — Protection of confidentiality — Communications between lawyers and clients — Limits)

C 35/10                 EN                          Official Journal of the European Union                                             7.2.2004
    ORDER OF THE PRESIDENT OF THE COURT OF                                  4.    The application for interim measures in Case T-125/03 R is
                         FIRST INSTANCE                                           dismissed.
                                                                            5.    The Commission’s statement that it will not allow third parties
                        of 30 October 2003                                        to have access to the Set B documents pending judgment in the
                                                                                  main proceedings in Case T-253/03 is noted.
In Joined Cases T-125/03 R: Akzo Nobel Chemicals Ltd                        6.    In Case T-253/03 R, the operation of Article 2 of the
and Akcros Chemicals Ltd v Commission of the European                             Commission’s decision of 8 May 2003 concerning a claim of
                            Communities                                           legal privilege (Case COMP/E-1/38.589) is suspended pending
                                                                                  the judgment of the Court in the main proceedings.
(Interim measures — Competition — Commission’s powers                       7.    The sealed envelope containing the Set A documents will be
of investigation — Protection of confidentiality — Com-                           kept by the Registry of the Court of First Instance pending the
     munications between lawyers and clients — Limits)                            decision of the Court in the main action.
                                                                            8.    The remainder of the application for interim measures in Case
                           (2004/C 35/15)                                         T-253/03 R is dismissed.
                                                                            9.    The costs in Cases T-125/03 R and T-253/03 R are reserved.
                   (Language of the case: English)
In Joined Cases T-125/03 R and T-253/03 R, Akzo Nobel
Chemicals Ltd, established in London (United Kingdom),                          ORDER OF THE PRESIDENT OF THE COURT OF
Akcros Chemicals Ltd, established in Surrey (United Kingdom),                                        FIRST INSTANCE
represented by C. Swaak and M. Mollica, lawyers, v Com-
mission of the European Communities (Agents: R. Waiwright
and C. Ingen-Housz): Application for, first, suspension of the                                      of 7 November 2003
operation of the Commission’s decision of 10 February 2003
amending the decision of 30 January 2003 ordering Akzo                      in Case T-198/03 R Bank of Austria Creditanstalt AG v
Nobel Chemicals Ltd, Akcros Chemicals Ltd and Akcros                                 Commission of the European Communities
Chemicals and their subsidiaries to submit to an investigation
under Article 14(3) of Council Regulation No 17 of 6 February
1962, First Regulation implementing Articles [81] and [82] of               (Interim proceedings — Admissibility — Competition —
the Treaty (OJ, English Special Edition 1959-1962, p. 87), and              Publication of a decision imposing a fine — No Urgency —
also other interim measures to protect the applicants’ interests                                             Lack)
(Case T-125/03 R), and, second, suspension of the operation
of the Commission’s decision of 8 May 2003 rejecting a claim                                            (2004/C 35/16)
of legal privilege in respect of five documents copied during
an investigation and also other interim measures to protect
the applicants’ interests (Case T-253/03 R), the President of                                   (Language of the case: German)
the Court of First Instance has made an order on 30 October
2003, the operative part of which is as follows:
                                                                            In Case T-198/03 R Bank Austria Creditanstalt AG, established
                                                                            in Vienna (Austria), represented by C. Zschocke and J. Beninca,
1.   Cases T-125/03 R and T-253/03 R are joined for the                     lawyers, with an address for service in Luxembourg, against
     purposes of this order.                                                the Commission of the European Communities (Agent: S. Rat-
                                                                            ing) — application for suspension of the operation of the
2.   The Council of the Bars and Law Societies of the European              decision of the Commission’s Hearing Officer of 5 May 2003
     Union, the Algemene Raad van de Nederlandse Orde van                   to publish the non-confidential version of the Commission
     Advocaten and the European Company Lawyers Association                 decision of 11 June 2002 in Case COMP/36.571/D-1 —
     are granted leave to intervene in Cases T-125/03 R and                 Austrian Banks (‘Club Lombard’), the President of the Court of
     T-253/03 R.                                                            First Instance made an order on 7 November 2003, the
                                                                            operative part of which is as follows:
3.   At the stage of the application for interim measures, the requests
     for confidential treatment submitted by the applicants in respect      1)    The application for interim relief is rejected.
     of certain matters in the procedural documents in Cases T-125/
     03 R and T-253/03 R and referred to as such in the letter of           2)    The costs are reserved.
     16 September 2003 from the Registry to the applicants are
     granted.