CELEX: C2004/071/41
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court of First Instance of 17 December 2003 in Case T-146/01: DLD Trading Co. v Council of the European Union (Non-contractual liability — Causal link between the conduct complained of and the alleged damage — No such link)

20.3.2004               EN                          Official Journal of the European Union                                            C 71/23
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 16 December 2003
                                                                                                  of 17 December 2003
In Joined Cases T-5/00 and T-6/00: Nederlandse Federatie-
ve Vereniging voor de Groothandel op Elektrotechnisch                       in Case T-146/01: DLD Trading Co. v Council of the
Gebied and Technische Unie BV v Commission of the                                                  European Union (1)
                    European Communities (1)
                                                                            (Non-contractual liability — Causal link between the con-
(Decisions, agreements and concerted practices — Sale of
                                                                            duct complained of and the alleged damage — No such link)
electrotechnical fittings in the Netherlands — National
association of wholesalers — Collective exclusive dealing
              and price-fixing agreements — Fines)
                                                                                                      (2004/C 71/41)
                           (2004/C 71/40)
                                                                                               (Language of the case: German)
                    (Language of the case: Dutch)
                                                                            In Case T-146/01, DLD Trading Co., established in Brno (Czech
In Joined Cases T-5/00 and T-6/00, Nederlandse Federative
                                                                            Republic), represented by J. Hintermayr, G. Minichmayr,
Vereniging voor de Groothandel op Elektrotechnisch Gebied,
                                                                            P. Burgstaller and M. Krüger, lawyers, v Council of the
established in the Hague (Netherlands), represented by
                                                                            European Union (Agents: M.-C. Giorgi, A.-M. Colaert and
E. Pijnacker Hordijk and S.B. Noë, lawyers, applicant in
                                                                            J.-P. Hix), Republic of Austria (Agents: C. Pesendorfer and
Case T-5/00, Technische Unie BV, established in Amstelveen
                                                                            W. Okresek and H. Ossi), Commission of the European
(Netherlands), represented by P. Bos and B. Eschweiler, lawyers,
                                                                            Communities (Agent: J. Schieferer) and Republic of Finland
with an address for service in Luxembourg, v Commission of
                                                                            (Agents: T. Pynnä and A. Guimaraes-Purokoski): Application
the European Communities (Agents: W. Wils and H. Gilliams),
                                                                            for compensation for damage claimed to have been suffered
supported by CEF City Electrical Factors BV, established in
                                                                            by reason of the unlawfulness of, first, Council Regulation (EC)
Rotterdam (Netherlands), and by CEF Holdings Ltd, established
                                                                            No 2744/98 of 14 December 1998 amending Regulation (EC)
in Kenilworth (United Kingdom), represented by C. Vinken-
                                                                            No 355/94 and extending the temporary derogation applicable
Geijselaers and J. Stuyck, lawyers, with an address for service
                                                                            to Austria (OJ 1998 L 345, p. 9) and, second, Council Directive
in Luxembourg: Application for the annulment of Commission
                                                                            69/169/EEC of 28 May 1969 on the harmonisation of
Decision 2000/117/EC of 26 October 1999 concerning a
                                                                            provisions laid down by law, regulation or administrative
proceeding pursuant to Article 81 of the EC Treaty (Case IV/
                                                                            action relating to exemption from turnover tax and excise duty
33.884 Nederlandse Federative Vereniging voor de Groothan-
                                                                            on imports in international travel (OJ, English Special Edition
del op Elektrotechnisch Gebied and Technische Unie) (OJ
                                                                            1969 (I), p. 232), as amended, the Court of First Instance (First
2000, L 39, p. 1), the Court of First Instance (First Chamber),
                                                                            Chamber), composed of: B. Vesterdorf, President, P. Lindh and
composed of: B. Vesterdorf, President, N.J. Forwood and
                                                                            H. Legal, Judges; I. Natsinas, Administrator, for the Registrar,
H. Legal, Judges; J. Plingers, Administrator, for the Registrar,
                                                                            has given a judgment on 17 December 2003, in which it:
has given a judgment on 16 December 2003, in which it:
1.    Dismisses the applications;                                           1.    Dismisses the action;
2.    Orders the applicant in Case T-5/00 to bear its own costs and         2.    Orders the applicant to bear its own costs and those incurred
      to pay those of the Commission and of the interveners, including            by the Council;
      those relating to the application for interim measures in Case
      T-5/00 R;
                                                                            3.    Orders the Commission, the Republic of Austria and the
3.    Orders the applicant in Case T-6/00 to bear its own costs and               Republic of Finland to bear their own costs.
      to pay those of the Commission and of the interveners.
                                                                            (1) OJ C 289 of 13.10.2001.
(1) OJ C 149 of 27.5.2000