CELEX: C2000/135/34
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-40/00: Action brought on 24 February 2000 by the Consorzio Industric Fiammiferi (CIF) against the Commission of the European Communities

C 135/18              EN                      Official Journal of the European Communities                                    13.5.2000
Action brought on 24 February 2000 by the Consorzio                      In the present case, the fact that the Italian State has no
Industric Fiammiferi (CIF) against the Commission of the                 interest in denying the CIF knowledge of the Commission’s
                   European Communities                                  investigation of the consortium’s arrangements is evident from
                                                                         the fact that the Amministrazione dei Monopoli (cf. the
                                                                         Monopolies Commission) has granted the CIF access to
                         (Case T-40/00)                                  all documents (national and Community) relating to that
                                                                         procedure. Furthermore, the documentation requested con-
                                                                         cerns investigations which have been closed for years.
                        (2000/C 135/34)
                                                                         Lastly, the CIF maintains that its rights of defence have been
                  (Language of the case: Italian)                        infringed.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               (1) OJ L 46 of 18.2.1994, p. 58.
European Communities on 24 February 2000 by the Consor-
zio Industrie Fiammiferi (CIF), with Antonio Tizzano and Gian
Michele Roberti, of the Naples Bar, with an address for service
in Brussels at 36 Place du Grand Sablon.
The applicant claims that the Court should:
— annul the contested measure;
— order the Commission to pay the costs of the proceedings.              Action brought on 25 February 2000 by British American
                                                                         Tobacco International (Holdings) B.V. against the Com-
                                                                                    mission of the European Communities
Pleas in law and main arguments
                                                                                                  (Case T-41/00)
The CIF seeks annulment of the Commission’s measure of
29 March 1999 requesting that the Communication sent by                                          (2000/C 135/35)
the Commission to the Italian anti-trust authorities in the
context of a preliminary investigation be classified as secret.
                                                                                            (Language of the case: English)
Those authorities have brought ‘anti-trust’ proceedings against
the CIF and members of the consortium, seeking a declaration
that they have infringed Articles 81 and 82 of the EC Treaty.            An action against the Commission of the European Communi-
In the statement of complaints, the following infringements of           ties was brought before the Court of First Instance of the
Article 81 were alleged: an agreement between the members                European Communities on 25 February 2000 by British
of the consortium with a view to partition of production                 American Tobacco International (Holdings) B.V., having its
through consortium bodies, an agreement between the CIF                  registered office in the Netherlands, represented by Scott
and Swedisch Match SA with a view to partition of the Italian            Crosby, Solicitor, of Kemmler Rapp Böhlke & Crosby, 9 Rond
match market, and an agreement between the CIF and                       Point Schuman, Brussels.
the Consorzio Nazionale Attività Economica Distributiva
Integrata.
                                                                         The applicant claims that the Court should:
According to the CIF, the Commission based its refusal on the
provisions of the Code of Conduct on public access to                    — annul the decision of the Commission of 20 January
Commission documents, approved by Commission Decision                        2000 refusing access to the minutes of the Excise Duty
No 90/40/ECSC, EC, Euratom (1). The CIF maintains that, in so                Committee in relation to discussions on Articles 7, 8, 9,
doing, the Commission acted incorrectly, since that Decision                 10, 23, 27 and 28 of Directive 92/12/EEC since 1 January
in no way permits documents such as those at issue to be                     1993 in the Committee’s non-comitology capacity;
classified as secret. Specifically, such documentation is not
covered by the exception relating to protection of the public
interest. That derogation can be justified only where the                — order the Commission to pay the applicant’s costs pursuant
Member States concerned have a right to expect that the                      to Article 87 of the Rules of Procedure of the Court of First
Commission respect confidentiality.                                          Instance.