CELEX: C2004/007/54
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 21 October 2003 in Case T-368/00: General Motors Nederland BV and Opel Nederland BV v Commission of the European Communities (Competition — Distribution of motor vehicles — Article 81 EC — Regulations (EEC) No 123/85 and (EC) No 1475/95 — Partitioning of the market — General strategy aimed at restricting exports — Restriction of supply — Restrictive bonus policy — Ban on exports — Fine — Gravity and duration of the infringement — Proportionality — Guidelines for the calculation of fines)

C 7/30                   EN                          Official Journal of the European Union                                            10.1.2004
1.    Annuls Article 5 of Commission Decision 1999/243/EC of                 (Fifth Chamber, Extended Composition), composed of: R. Gar-
      16 September 1998 relating to a proceeding pursuant to                 cía-Valdecasas, President, P. Lindh, J.D. Cooke, P. Mengozzi
      Articles 85 and 86 of the EC Treaty (Case No IV/35.134 —               and H. Legal, Judges; J. Plingers, Administrator, for the
      Trans-Atlantic Conference Agreement).                                  Registrar, has given a judgment on 16 October 2003, in which
                                                                             it:
2.    Annuls Article 6 of Decision 1999/243 in so far as it applies
      to mutual disclosure by the applicants of the availability and
                                                                             1.    Dismisses the application as inadmissible.
      content of their individual service contracts.
3.    Annuls Article 7 of Decision 1999/243 to the extent required           2.    Orders the applicant to bear its own costs and to pay those of
      by the annulment of Articles 5 and 6.                                        the Commission.
4.    Annuls Article 8 of Decision 1999/243.                                 3.    Orders the Hellenic Republic to bear its own costs.
5.    Dismisses the remainder of the applications.
                                                                             (1) OJ C 259 of 9.9.2000.
6.    Orders the applicants and the Commission each to bear their
      own costs.
7.    Orders the European Council of Transport Users ASBL to bear
      its own costs.
(1) OJ C 71 of 27.03.1999 and OJ C 86 of 13.03.1999.                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 21 October 2003
                                                                             in Case T-368/00: General Motors Nederland BV and
                                                                             Opel Nederland BV v Commission of the European
                                                                                                       Communities (1)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                             (Competition — Distribution of motor vehicles — Article 81
                        of 16 October 2003
                                                                             EC — Regulations (EEC) No 123/85 and (EC) No 1475/95
                                                                             — Partitioning of the market — General strategy aimed at
in Case T-148/00: The Panhellenic Union of Cotton                            restricting exports — Restriction of supply — Restrictive
Ginners and Exporters v Commission of the European                           bonus policy — Ban on exports — Fine — Gravity and
                          Communities (1)                                    duration of the infringement — Proportionality — Guide-
                                                                                              lines for the calculation of fines)
(State aid — Compensatory levy — Method of financing aid
— Community aid scheme for cotton — Action for annul-                                                   (2004/C 7/54)
ment — Admissibility — Acts which may be challenged —
Commission’s refusal to continue infringement proceedings
           — Principle of independent legal remedies)                                            (Language of the case: English)
                            (2004/C 7/53)
                                                                             In Case T-368/00, General Motors Nederland BV, established
                    (Language of the case: English)                          in Sliedrecht (Netherlands), Opel Nederland BV, established in
                                                                             Sliedrecht, represented by D. Vandermeersch, R. Snelders and
                                                                             S. Allcock, lawyers, with an address for service in Luxembourg,
                                                                             v Commission of the European Communities (Agents:
In Case T-148/00, The Panhellenic Union of Cotton Ginners                    W. Mölls and A. Whelan): Application for, as the principal
and Exporters, established in Thessaloniki (Greece), represented             claim, annulment of the Commission’s decision 2001/146/EC
by K. Adamantopoulos, V. Akritidis and J. Gutiérrez Gisbert,                 of 20 September 2000 relating to a proceeding under
lawyers, with an address for service in Luxembourg, v Com-                   Article 81 EC (Case COMP/36.653 — Opel) (OJ 2001 L 59,
mission of the European Communities (Agents: M. Condou                       p. 1) or, in the alternative, cancellation or reduction of the fine
and D. Triantafyllou), supported by Hellenic Republic (Agents:               imposed on the applicants by that decision., the Court of First
I. Chalkias and C. Tsiavou): Application for the partial annul-              Instance (Second Chamber), composed of: N.J. Forwood,
ment of Commission Decision 2000/206/EC of 20 July 1999                      President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar,
on an aid scheme applied in Greece to cotton by the Greek                    has given a judgment on 21 October 2003, in which it has
Cotton Board (OJ 2000 L 63, p. 27), the Court of First Instance              ruled:
 ---pagebreak--- 10.1.2004                EN                             Official Journal of the European Union                                               C 7/31
1.    The contested decision of the Commission 2001/146/EC of                   2.    Dismisses the rest of the action as unfounded.
      20 September 2000 relating to a proceeding under Article 81
      of the EC Treaty (COMP/36.653 — Opel) is annulled in so
                                                                                3.    Orders the applicant to bear its own costs, as well as those of
      far as it establishes the existence of a restrictive supply measure
                                                                                      the Commission.
      contrary to Article 81(1) EC.
2.    The amount of the fine imposed on the applicants by Article 3
                                                                                (1) OJ C 150 of 19.5.2001.
      of the contested decision is reduced to EUR 35 475 000.
3.    The application is dismissed as to the remainder.
4.    The applicants are ordered to bear four fifths of their own costs
      and four fifths of the Commission’s costs; the Commission is
      ordered to bear one fifth of its own costs and one fifth of the
      applicants’ costs.
                                                                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 61 of 24.2.2001.
                                                                                                        of 23 October 2003
                                                                                in Case T-255/01: Changzhou Hailong Electronics & Light
                                                                                Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v
                                                                                               Council of the European Union (1)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                (Anti-dumping — Determination of normal value — Mar-
                         of 16 October 2003                                     ket-economy treatment — Analogue country — Article 2(7)
                                                                                                  of Regulation (EC) No 384/96)
in Case T-47/01: Co-Frutta Soc. coop. rl v Commission of
                  the European Communities (1)                                                              (2004/C 7/56)
(Action for annulment — Access to documents — Decision
94/90/ECSC, EC, Euratom — Refusal — Authorship rule                                                 (Language of the case: English)
                         — Misuse of powers)
                             (2004/C 7/55)
                                                                                In Case T-255/01, Changzhou Hailong Electronics & Light
                                                                                Fixtures Co. Ltd, established at Changzhou (China), Zhejiang
                     (Language of the case: Italian)                            Yankon Group Co. Ltd, formerly Zheijang Sunlight Group Co.
                                                                                Ltd, established at Shangyu (China), represented by P. Bentley
                                                                                QC, and F. Ragolle, lawyer, v Council of the European Union
                                                                                (Agents: S. Marquardt, and G. M. Berrisch), supported by
In Case T-47/01, Co-Frutta Soc. coop. rl, established in Padua                  Commission of the European Communities (Agents: V. Kreu-
(Italy), represented by W. Viscardini, M. Paolin and S. Donà,                   schitz, T. Scharf and S. Meany): Application for annulment of
lawyers, v Commission of the European Communities (Agents:                      Council Regulation (EC) No 1470/2001 of 16 July 2001
P. Stancanelli, P. Aalto and P. Wölker): Application for                        imposing a definitive anti-dumping duty and collecting defini-
annulment of the Commission’s decision contained in the                         tively the provisional duty imposed on imports of integrated
letters of 31 July 2000 from the Directorate-General for                        electronic compact fluorescent lamps (CFL-i) originating in the
Agriculture and 5 December 2000 from the Secretary-General                      People’s Republic of China (OJ 2001 L 195, p. 8), the Court
of the Commission, by which access to the documents sought                      of First Instance (Fifth Chamber, Extended Composition),
by the applicant in connection with the arrangements for                        composed of: R. García-Valdecasas, President, P. Lindh,
importing bananas was partly refused, the Court of First                        J.D. Cooke, J. Pirrung and H. Legal, Judges; J. Plingers,
Instance (Fifth Chamber), composed of: R. García-Valdecasas,                    Administrator, for the Registrar, has given a judgment on
President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,                23 October 2003, in which it:
Principal Administrator, for the Registrar, has given a judgment
on 16 October 2003, in which it:
                                                                                1.    Dismisses the action.
1.    Dismisses the application for annulment of the decision
      contained in the letter from DG Agriculture of 31 July 2000               2.    Orders the applicants to bear their own costs and to pay the
      as inadmissible.                                                                costs incurred by the Council.