CELEX: C1997/199/64
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1997 in Case T-77/94: Vereniging van Groothandelaren in Bloemkwekerijprodukten and Others v. Commission of the European Communities (Competition - Closure of procedure on a complaint in the absence of a response by the complainants within the time-limit notified to them - Compatibility with Article 85 (1) of the EC Treaty of a fee levied on suppliers who have concluded agreements relating to the delivery of floricultural products to undertakings established on the premises of a cooperative auction society - Compatibility with Article 85 (1) of the EC Treaty of an exclusive purchase obligation accepted by certain wholesalers reselling such products to retailers in a specific trading area forming part of the same premises - Discrimination - Effect on trade between Member States - Assessment by reference to a body of rules taken as a whole - Lack of appreciable effect)

28 . 6 . 97           EN                  Official Journal of the European Communities                                No C 199/23
under Article 3 (2 ) of Council Regulation No 17 of                  Drijber), supported by Cooperatieve Vereniging De Ver­
6 February 1962, First Regulation implementing                       enigde Bloemenveilingen Aalsmeer (VBA ) BA, established
Articles 85 and 86 of the Treaty ( OJ, English Special               in Aalsmeer, represented by G. van der Wal, a lawyer with
Edition 1959-62, p. 87 ) — the Court of First Instance               right of audience before the Hoge Raad der Nederlanden,
( Second Chamber, Extended Composition ), composed                   with an address for service in Luxembourg at the
of: B. Vesterdorf, President, C. W. Bellamy and                      Chambers of A. May, 31 Grand Rue — application for
A. Kalogeropoulos, Judges; J. Palacio Gonzalez,                      the annulment of the decision allegedly contained in the
Administrator, for the Registrar, has given a judgment on            Commission's letter of 20 December 1993 relating to
14 May 1997, in which it:                                            Cases IV/32.751 — Florimex/Aalsmeer II, IV/32.990 —
                                                                     VGB/Aalsmeer, IV/33.190 — Inkoop Service and M. Ver­
                                                                     haar BV/Aalsmeer, IV/32.835 — Cultra and IV/33.624 —
1 . annuls the Commission decision notified to the                   Bloemveilingen Aalsmeer III — the Court of First Instance
     applicants by letter SG(92)D/8782 of 2 July 1992;               ( Second Chamber, Extended Composition ), composed
                                                                     of: B. Vesterdorf, President, C. W. Bellamy and
                                                                     A. Kalogeropoulos, Judges; J. Palacio Gonzalez,
2.   orders the Commission to bear its own costs and to              Administrator, for the Registrar, has given a judgment on
     pay the applicants ' costs;                                     14 May 1997, in which it:
                                                                     1.   annuls the Commission 's decision contained in its
3 . orders the intervener to bear its own costs and to pay                letter of 20 December 1993 concerning Cases IV/
     the costs incurred by the applicants as a result of its              32.751 — Florimex/Aalsmeer II, IV/32.990 — VGB/
     intervention .
                                                                          Aalsmeer, IV/33.190 — Inkoop Service and M. Ver­
                                                                          haar BV/Aalsmeer, IV/32.835 — Cultra and IV/33.624
(') OJ No C 278 , 27. 10 . 1992 .                                         — Bloemenveilingen Aalsmeer III to the extent to
                                                                          which it rejects the applicants ' complaints that the
                                                                          intervener's type I, II and III trade agreements infringe
                                                                          Article 85 (1 ) of the Treaty;
                                                                     2 . dismisses the remainder of the application;
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                     3 . orders the parties to bear their own costs.
                       of 14 May 1997
in Case T-77/94: Vereniging van Groothandelaren in                   O OJ No C 103 , 11 . 4 . 1994 .
Bloemkwekerijprodukten and Others v. Commission of
                the European Communities ( ] )
(Competition — Closure of procedure on a complaint in
the absence of a response by the complainants within the
time-limit notified to them — Compatibility with                          ORDER OF THE COURT OF FIRST INSTANCE
Article 85 (1 ) of the EC Treaty of a fee levied on suppliers
who have concluded agreements relating to the delivery of                      ( Fourth Chamber, Extended Composition)
floricultural products to undertakings established on the                                   of 14 March 1997
premises of a cooperative auction society — Compatibility
with Article 85 (1 ) of the EC Treaty of an exclusive                in Case T-25/96: Arbeitsgemeinschaft Deutscher Luftfahrt
purchase obligation accepted by certain wholesalers                  Unternehmen and Others v. Commission of the European
reselling such products to retailers in a specific trading                                    Communities ( ] )
area forming part of the same premises — Discrimination              (Action for annulment — Contested decision withdrawn
— Effect on trade between Member States — Assessment
                                                                     in the course of proceedings — No need to give a
by reference to a body of rules taken as a whole — Lack                                            decision)
                     of appreciable effect)
                                                                                               ( 97/C 199/65 )
                          ( 97/C 199/64 )
                                                                                     (Language of the case: German)
                (Language of the case: Dutch)
                                                                     In Case T-25/96 : Arbeitsgemeinschaft Deutscher Luftfahrt
                                                                     Unternehmen, established in Bonn, composed of the
In Case T-77/94 : Vereniging van Groothandelaren in                  following: — Aero Lloyd Flugreisen GmbH & Co Luftver­
Bloemkwekerijprodukten, Florimex BV, Inkoop Service                  kehrs-KG, having its registered office in Oberursel
Aalsmeer BV and M. Verhaar BV, established in Aalsmeer               ( Germany ), — Air Berlin GmbH & Co Luftverkehrs-KG,
( Netherlands ), represented by J. A. M. P. Keijser, of the          having its registered office in Berlin ( Germany), — Condor
Nijmegen Bar, with an address for service in Luxembourg              Flugdienst GmbH, having its registered office in Kelster­
care of Stanbrook and Hooper, at the Chambers of A.                  bach ( Germany ), — Germania Fluggesellschaft mbH,
Kronshagen , 12 Boulevard de la Foire, against                       having its registered office in Berlin ( Germany), — Hapag
Commission of the European Communities ( Agent: B. J.                Lloyd Fluggesellschaft mbH, having its registered office in