CELEX: C2003/213/50
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 9 July 2003 in Case T-102/00 Vlaams Fonds voor de Sociale Integratie van Personen met een Handicap v Commission of the European Communities (Social policy — European Social Fund — Reduction of financial assistance — Right to a fair hearing — Article 24 of Regulation (EEC) No 4253/88 — Statement of reasons)

C 213/26               EN                         Official Journal of the European Union                                             6.9.2003
                                                       COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 17 June 2003
                           of 2 July 2003
                                                                          in Case T-52/00: Coe Clerici Logistics SpA v Commission
                                                                                          of the European Communities ( 1)
in Case T-99/98: Hameico Stuttgart GmbH and Others v
Council of the European Union and Commission of the                       (Competition — Complaint — Articles 82 EC and 86 EC —
                   European Communities ( 1)                                                Admissibility — Port services)
                                                                                                    (2003/C 213/49)
(Actions for damages — Common organisation of the
markets — Bananas — Import scheme — Undertakings in                                            (Language of the case: Italian)
                         the former GDR)
                                                                          In Case T-52/00, Coe Clerici Logistics SpA, established in
                          (2003/C 213/48)
                                                                          Trieste (Italy), represented by G. Conte, G.M. Giacomini and
                                                                          E. Minozzi, lawyers, with an address for service in Luxembourg,
                   (Language of the case: German)                         v Commission of the European Communities (Agents: R. Lyal
                                                                          and L. Pignataro), supported by Autorità Portuale di Ancona,
                                                                          represented by S. Zunarelli, C. Perrella and P. Manzini, lawyers:
                                                                          Application for annulment of the Commission’s letter of
                                                                          20 December 1999 (D 17482) refusing to act on the
In Case T-99/98, Hameico Stuttgart GmbH, formerly A & B                   applicant’s complaint based on Articles 82 EC and 86 EC,
Fruchthandel GmbH, established in Stuttgart (Germany),                    the Court of First Instance (Fifth Chamber), composed of:
Amhof Frucht GmbH, established in Schwabhausen                            J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
(Germany), Hameico Dortmund GmbH, formerly Dessau-                        Judges; J. Palacio González, Principal Administrator, for the
Bremer Frucht GmbH, established in Dortmund (Germany),                    Registrar, has given a judgment on 17 June 2003, in which it:
Hameico Fruchthandelsgesellschaft mbH, formerly Bremen-
Rostocker-Frucht GmbH, established in Rostock (Germany),                  1.     Dismisses the application;
Leipzig-Bremer Frucht GmbH, established in Leipzig (Ger-
many), represented by G. Schohe, lawyer, with an address for              2.     Orders the applicant to bear its own costs and to pay those
service in Luxembourg, v Council of the European Union                           incurred by the Commission;
(Agents: J.-P. Hix and A. Tanca), Commission of the European
                                                                          3.     Orders the Autorità Portuale di Ancona to bear its own costs.
Communities (Agents: K.-D. Borchardt and A. von Bogdandy),
supported by Kingdom of Spain (Agent: R. Silva de Lapuerta):
Application for compensation for the damage allegedly suf-                (1 ) OJ C 135 of 13.5.2000.
fered by the applicants as a result of the application of Council
Regulation (EEC) No 404/93 of 13 February 1993 on the
common organisation of the market in bananas (OJ 1993
L 47, p. 1) and of Commission Regulation (EEC) No 1442/93
of 10 June 1993 laying down detailed rules for the application                 JUDGMENT OF THE COURT OF FIRST INSTANCE
of the arrangements for importing bananas into the Com-
munity (OJ 1993 L 142, p. 6), the Court of First Instance (First                                     of 9 July 2003
Chamber), composed of: B. Vesterdorf, President, N.J. Forwood
and H. Legal, Judges; J. Plingers, Administrator, for the                 in Case T-102/00 Vlaams Fonds voor de Sociale Integratie
Registrar, has given a judgment on 2 July 2003, in which it:              van Personen met een Handicap v Commission of the
                                                                                              European Communities (1)
1.     Dismisses the application;
                                                                          (Social policy — European Social Fund — Reduction of
                                                                          financial assistance — Right to a fair hearing — Article 24
2.     Orders the applicants to bear their own costs in addition to        of Regulation (EEC) No 4253/88 — Statement of reasons)
       those incurred by the Council and the Commission. The
       Kingdom of Spain is to bear its own costs.                                                   (2003/C 213/50)
                                                                                               (Language of the case: Dutch)
( 1) OJ C 312 of 10.10.1998.
                                                                          In Case T-102/00, Vlaams Fonds voor de Sociale Integratie
                                                                          van Personen met een Handicap, established in Brussels
 ---pagebreak--- 6.9.2003                 EN                         Official Journal of the European Union                                             C 213/27
(Belgium), represented by J. Stuyck, lawyer, with an address for            cation for partial annulment of Commission Decision 2001/
service in Luxembourg, v Commission of the European                         418/EC of 7 June 2000 relating to a proceeding pursuant to
Communities (agents: H.M.H. Speyart and L. Flynn) — an                      Article 81 of the EC Treaty and Article 53 of the EEA
application for annulment of Commission Decision C (2000)                   Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ 2001
36 of 31 January 2000 reducing the amount of financial                      L 152, p. 24) or a reduction in the fine imposed on the
assistance initially provided by Decision C (1994) 3059 of                  applicants, the Court of First Instance (Fourth Chamber),
25 November 1994 approving the grant of assistance through                  composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
the European Social Fund for an operational programme under                 Judges; D. Christensen, Administrator, for the Registrar, has
the Community framework of support for the achievement of                   given a judgment on 9 July 2003, in which it:
Objective 3 in Belgium (Flemish Community) — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
dent, and P. Mengozzi and M. Vilaras, Judges; Registrar:                    1.     Sets the amount of the fine imposed on Cheil Jedang Corp. at
J. Plingers, Administrator, gave the following judgment on                         EUR 10 080 000;
9 July 2003:
                                                                            2.     Dismisses the remainder of the application;
1.     Commission Decision C (2000) 36 of 31 January 2000
       reducing the amount of financial assistance initially provided       3.     Orders Cheil Jedang Corp. to bear its own costs and to pay two
       by Decision C (1994) 3059 of 25 November 1994 approving                     thirds of the Commission’s costs and orders the Commission to
       the grant of assistance through the European Social Fund for                bear one third of its own costs.
       an operational programme under the Community framework of
       support for the achievement of Objective 3 in Belgium
       (Flemish Community) is annulled in so far as it reduces by           (1 ) OJ C 316 of 4.11.2000.
       EUR 181 067 the financial assistance under the European
       Social Fund of which the Vlaams Fonds voor de Sociale
       Integratie van Personen met een Handicap is the recipient;
2.     The Commission is ordered to pay the costs.
( 1) OJ C 176 of 24.6.00.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 9 July 2003
                                                                            in Case T-223/00: Kyowa Hakko Kogyo Co. Ltd and
                                                                            Kyowa Hakko Europe GmbH v Commission of the
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                     European Communities ( 1)
                            of 9 July 2003
                                                                            (Competition — Cartel — Lysine — Guidelines on the
                                                                            method of setting fines — Applicability — Gravity of the
in Case T-220/00: Cheil Jedang Corp. v Commission of the                          infringement — Turnover — Concurrent sanctions)
                    European Communities ( 1)
                                                                                                        (2003/C 213/52)
(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Mitigating                                             (Language of the case: English)
                            circumstances)
                           (2003/C 213/51)
                                                                            In Case T-223/00, Kyowa Hakko Kogyo Co. Ltd, established in
                                                                            Tokyo (Japan), Kyowa Hakko Europe GmbH, established in
                    (Language of the case: English)                         Düsseldorf (Germany), represented by C. Canenbley, and
                                                                            K. Diedrich, lawyers, with an address for service in Luxem-
                                                                            bourg, v Commission of the European Communities (Agents:
                                                                            W. Wils, R. Lyal and J. Flynn): Application for partial annul-
In Case T-220/00, Cheil Jedang Corp., established in London                 ment of Commission Decision 2001/418/EC of 7 June 2000
(United Kingdom), represented by A.R.M. Bell, solicitor,                    relating to a proceeding pursuant to Article 81 of the EC
R.P. Gerrits, lawyer, and J. Killick, barrister, with an address for        Treaty and Article 53 of the EEA Agreement (Case COMP/
service in Luxembourg, v Commission of the European                         36.545/F3 — Amino Acids) (OJ 2001 L 152, p. 24) or a
Communities (Agents: W. Wils, R. Lyal and J. Flynn): Appli-                 reduction in the fine imposed on the applicants, the Court of