CELEX: C2000/247/11
Language: en
Date: 2000-08-26 00:00:00
Title: Case C-211/00 P: Appeal brought on 26 May 2000 by Ciments Français S.A. against the judgment delivered on 15 March 2000 by the Court of First Instance of the European Communities (Fourth Chamber, Extended Composition) in Case T-39/95 Ciments Français S.A. v Commission of the European Communities

C 247/8                EN                       Official Journal of the European Communities                                       26.8.2000
(d) The Court of First Instance’s judgment is also vitiated by                   (iii) order the Commission to pay the costs.
      a lack of reasoning and failure to respond to arguments
      of the Appellant.
                                                                           Pleas in law and main arguments
(1) OJ C 101 of 22.4.1995, pp 10-20; C 119 of 13.5.1995, pp 13-            —     Error of law inasmuch as the judgment under appeal
    26; C 137 of 3.6.1995, pp 23-28, 33 and 34, and C 208 of                     finds that the consultation with the Advisory Committee
    12.8.1995, pp 26 and 27.                                                     on Restrictive Practices and Abuses of Dominant Pos-
(2) Commission Decision 94/815/EC of 30 November 1994 relating
    to a proceeding under Article 85 of the EC Treaty (Cases IV/33.126
                                                                                 itions was properly conducted: the case-law of the Court
    and 33.322 — Cement) (OJ 1994 L 343 of 30.12.1994, p. 1).                    of Justice requires that the Advisory Committee should
                                                                                 be consulted at least orally on the amount of the fines
                                                                                 envisaged.
                                                                           —     Manifest error of assessment in so far as the judgment
                                                                                 under appeal finds that Compagnie des Ciments Belges
                                                                                 was under the control of Ciments Français at the time of
                                                                                 the infringement and inasmuch as the turnover of that
                                                                                 subsidiary was not excluded from the basis of assessment
                                                                                 on which the fine imposed on Ciments Français was
                                                                                 calculated.
Appeal brought on 26 May 2000 by Ciments Français S.A.                     —     Infringement of the principle of proportionality inasmuch
against the judgment delivered on 15 March 2000 by the                           as the judgment under appeal does not reduce the amount
Court of First Instance of the European Communities                              of the fine imposed on Ciments Français in proportion to
(Fourth Chamber, Extended Composition) in Case T-39/95                           the complaints against Ciments Français which were
Ciments Français S.A. v Commission of the European                               annulled by the Court of First Instance.
                           Communities
                                                                           —     Error of law inasmuch as the judgment under appeal
                                                                                 states that the Commission was entitled to base itself on
                        (Case C-211/00 P)                                        the turnover for 1992 for the purpose of calculating the
                                                                                 fine imposed on Ciments Français: under Article 15(2) of
                         (2000/C 247/11)                                         Regulation No 17/62, the turnover which is to serve as
                                                                                 the basis for calculation of the fine is in principle that of
                                                                                 the business year preceding adoption of the decision. The
An appeal has been brought before the Court of Justice of the                    Court of First Instance departed from that interpretation
European Communities on 26 May 2000 by Ciments Français                          and failed to give reasons for so doing.
S.A., represented by Antoine Winckler, with an address for
service in Luxembourg at the Chambers of Elvinger & Hoss,
15 Côte d’Eich, against the judgment delivered on 15 March
2000 by the Court of First Instance of the European Communi-
ties (Fourth Chamber, Extended Composition) in Case
T-39/95 Ciments Français S.A. v Commission of the European
Communities.
                                                                           Appeal brought on 30 May 2000 by Italcementi SpA
The appellant claims that the Court should:                                against the judgment delivered on 15 March 2000 by the
                                                                           Court of First Instance of the European Communities
                                                                           (Fourth Chamber, Extended Composition) in Joined Cases
—     Annul in part, pursuant to Article 225 EC and Article 54             T-25/95, T-26/95, T-30/95, T-31/95, T-32/95, T-34/95,
      of the EC Statute of the Court of Justice, the judgment              T-35/95, T-36/95, T-37/95, T-38/95, T-39/95, T-42/95,
      delivered on 15 March 2000 by the Court of First Instance            T-43/95, T-44/95, T-45/95, T-46/95, T-48/95, T-50/95,
      in Case T-39/95 Ciments Français S.A. v Commission of                T-51/95, T-52/95, T-53/95, T-54/95, T-55/95, T-56/95,
      the European Communities;                                            T-57/95, T-58/95, T-59/95, T-60/95, T-61/95, T-62/95,
                                                                           T-63/95, T-64/95, T-65/95, T-68/95, T-69/95, T-70/95,
—     grant the forms of order sought by Ciments Français at               T-71/95, T-87/95, T-88/95, T-103/95 and T-104/95
      first instance, namely:                                              between Cimenteries CBR SA and Others and the Com-
                                                                                       mission of the European Communities
      (i)    annul, pursuant to Article 230 EC, the Commission
             decision of 30 November 1994 relating to a pro-                                       (Case C-213/00 P)
             ceeding under [Article 81 EC] in Cases IV/33.126
             and 33.322;
                                                                                                    (2000/C 247/12)
      (ii) in the alternative, reduce, pursuant to Article 229
             EC and Article 17 of Regulation No 17/62, the fine            An appeal against the judgment delivered on 15 March by the
             imposed on Ciments Français; and                              Court of First Instance of the European Communities (Fourth