CELEX: C1995/137/50
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 6 April 1995 in Case T-152/89: ILRO SpA v. Commission of the European Communities (Competition - Infringement of Article 85 of the Treaty)

No C 137/20              EN                  Official Journal of the European Communities                                     3 . 6 . 95
1 . annuls Article 1 of Commission Decision 89/515/EEC                  JUDGMENT OF THE COURT OF FIRST INSTANCE
       of 2 August 1989 relating to a proceeding under                                          (First Chamber)
       Article 85 of the EEC Treaty (IV/3 1 . 553 — Welded steel
       mesh) as regards the findings therein that the applicant                                 of 6 April 1995
       participated in an agreement defining price and quotas           in Case T-151 /89 : Société des Treillis et Panneaux Soudés
       on the French market in the period 1981 /82, that it                 SA v. Commission of the European Communities ( l )
       participated after June 1 984 in an agreement having the         (Competition — Infringement of Article 85 of the
       same object on the French market in the period 1 983/84,                                         Treaty)
       and that it participated in an agreement with                                              ( 95/C 137/49 )
       Baustahlgewebe GmbH having as its object the
       application of quotas to its exports to the German
       market;                                                                        (Language of the Case: French)
2 . reduces the amount of the fine imposed on the applicant
       by Article 3 of that Decision to ECU 57 000;                     In Case T-151 / 89 : Societe des Treillis et Panneaux Soudes
                                                                        SA, established in Puteaux ( France ), represented by Robert
3 . dismisses the application as regards the remaining                  Collin and Richard Milchior, of the Paris Bar, with an
       claims;                                                          address for service in Luxembourg at the Chambers of
                                                                        Ernest Arendt, 8—10 Rue Mathias Hardt, v. Commission of
4 . orders the Commission to bear its costs and to pay                  the European Communities ( Agents N. Koch, E. Traversa , J.
       one-half of the applicant's costs;                               Currall, A. Coutrelis and N. Coutrelis ) — application for
                                                                        the annulment of Commission Decision 89/515/EEC of
5 . orders the applicant to bear one-half of its costs.
                                                                        2 August 1989 relating to a proceeding under Article 85 of
                                                                        the EEC Treaty ( IV/3 1.553 — Welded steel mesh, OJ 1989 L
f 1 ) OJ No C 306 , 5 . 12 . 1989 .
                                                                        260 , p. 1 ) — the Court of First Instance ( First Chamber ),
                                                                        composed of H. Kirschner, President, C. W. Bellamy, B.
                                                                        Vesterdorf, R. Garcfa-Valdecasas and K. Lenaerts, Judges,
                                                                        H. Jung, Registrar, gave a judgment on 6 April 1995 , in
                                                                        which the Court:
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                           ( First Chamber )                            I . dismisses the application;
                           of 6 April 1995
in Case T-l 50/89 : G. B. Martinelli v. Commission of the
                                                                        2 . orders the applicant to pay the costs.
                    European Communities ( 1 )
 (Competition — Infringement of Article 85 of the EEC                   («) OJ No C 306 , 5 . 12 . 1989 .
                                 Treaty)
                             ( 95/C 137/48 )
                  (Language of the Case: Italian)
In Case T-150/89 : G. B. Martinelli, formerly G. B.
Metallurgica SpA, established in Milan ( Italy), represented             JUDGMENT OF THE COURT OF FIRST INSTANCE
by Carmelo Maccarone, of the Bergamo Bar, with an                                               (First Chamber)
address for service in Luxembourg at the Chambers of
                                                                                                of 6 April 1995
Franco Colussi, 36 Rue de Wiltz, v. Commission of the
European Communities ( Agents : E. Traversa , J. Currall and            in Case T-152/89: ILRO SpA v. Commission of the
A. Dal Ferro ) — application for the annulment of                                        European Communities ( J )
Commission Decision 89/515/EEC of 2 August 1989                          (Competition — Infringement of Article 85 of the
relating to a proceeding under Article 85 of the EEC Treaty                                             Treaty)
( IV/3 1.553 — Welded steel mesh, OJ 1989 L 260, p. 1 .) —                                         ( 95 /C 137/50
the Court of First Instance ( First Chamber ), composed of H.
Kirschner, President of the Chamber, C. W. Bellamy, B.
Vesterdorf, R. Garcfa-Valdecasas and K. Lenaerts , Judges,                             (Language of the Case: French)
H. Jung, Registrar, has given a judgment on 6 April 1995 , in
which it:
                                                                        In Case T-152/89 : ILRO SpA, established in
 I. dismisses the application;                                          Lecco-Pescarenico ( Italy), represented by Maurice Laredo,
                                                                        of the Paris Bar, with an address for service in Luxembourg
2 . orders the applicant to pay the costs.                              at the Chambers of Ernest Arendt, 8—10 Rue Mathias
                                                                        Hardt, v. Commission of the European Communities
 ( i ) OJ No C 306 , 6 . 12 . 1989 .                                     ( Agents E. Traversa, A. Dal Ferro ) — application for the
                                                                        annulment     of  Commission          Decision 89/515/EEC      of
                                                                        2 August 1989 relating to a proceeding under Article 85 of
 ---pagebreak--- 3 . 6 . 95            EN                  Official Journal of the European Communities                               No C 137/21
the EEC Treaty ( IV/3 1.553 — Welded steel mesh, OJ 1989 L                ORDER OF THE COURT OF FIRST INSTANCE
260, p. 1 ) — the Court of First Instance ( First Chamber ),                                 of 8 March 1995
composed of H. Kirschner, President, C. W. Bellamy, B.
Vesterdorf, R. Garcfa-Valdecasas and K. Lenaerts, Judges,            in Case T-2/93 DEP: Société Anonyme à Participation
H. Jung, Registrar, gave a judgment on 6 April 19 95 , in            Ouvrière Compagnie Nationale Air France v. Commission
which the Court :                                                                  of the European Communities (*)
                                                                                  (Competition — Taxation of costs)
I. dismisses the application;                                                                   ( 95/C 137/52 )
2 . orders the applicant to pay the costs.                                          (Language of the Case: French)
(') OJ No C 306 , 5 . 12 . 1989 .                                    In Case T-2/93 : Societe Anonyme a Participation Ouvriere
                                                                     Compagnie Nationale Air France , established in Paris,
                                                                     represented by Eduard Marissens, of the Brussels Bar, with
                                                                     an address for service in Luxembourg at the Chambers of
                                                                     Lucy Dupong, 14a Rue des Bains, v. Commission of the
                                                                     European Communities ( Agents : F. E. Gonzalez Diaz and G.
                                                                     de Bergues ), supported by United Kingdom of Great Britain
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             and Northern Ireland ( Agents : J. D. Colahan and C. Vajda ),
                       of 27 April 1995                              with an address for service in Luxemburg at the British
                                                                     Embassy, 14 Boulevard Roosevelt, TAT SA, established at
in Case T-443/93 : Casillo Grani snc v. Commission of the
                                                                     Tours ( France ), represented by Antoine Winckler, of the
                  European Communities ( l )                         Paris Bar, and Romano Subiotto, Solicitor, with an address
 (State aids — Applicant declared bankrupt — Interest in             for service in Luxembourg at the Chambers of Elvinger and
  bringing the proceedings — No need to give a decision)             Hoss, 15 Cote d'Eich, and Britisch Airways pic, established
                          (9 SIC 137/51 )                            at Hounslow (United Kingdom ), represented by William
                                                                     Allan and James E. Flynn, Solicitor, with an address for
                                                                     service in Luxembourg at the Chambers of Loesch and
                (Language of the case: Italian)                      Wolter, 11 Rue Goethe — application for taxation of the
                                                                     costs payable by the applicant to the intervener TAT SA
In Case T-443/93 : Casillo Grani snc , established in San            pursuant to the judgment of the Court of 19 May 1994 in
Giuseppe Vesuviano, Italy, represented by Mario Siragusa,            Case T-2/93 Air France v. Commission [ 1994] ECR 11-323
Maurizio D'Albora and Giuseppe Scassellati-Sforzolini,               — the Court of First Instance ( Second Chamber, extended
respectively of the Bars of Rome , Naples and Bologna, with          composition ), composed of B. Vesterdorf, President, and
an address for service in Luxembourg at the Chambers of              D. P. M. Barrington, A. Saggio, H. Kirschner and A.
Ernest Arendt, 8— 10 Rue Mathias Hardt v. Commission of              Kalogeropoulos , Judges; H. Jung, Registrar, made an order
the European Communities ( Agents : M. Nolin, D. Calleja y           on 6 March 1995 , the operative part of which is as
                                                                     follows :
Crespo and R. Lyal ), supported by Italgrani SpA,
established in Naples, Italy, represented by Aurelio
Pappalardo , of the Trapani Bar, Luigi Sico and Felice                The total costs payable by the applicant to the intervener
Casucci , of the Naples Bar, Massimo Annesi and Massimo               TAT SA are fixed in the sum of FF 220 000.
Merola, of the Rome Bar with an address for service in
                                                                      (') OJ No C 45 , 17 . 2 . 1993 .
Luxembourg at the Chambers of Alain Lorang, 51 Rue
Albert l er — application for the annulment of Commission
Decision No 91/474/EEC of 16 August 1991 concerning
aids granted by the Italian Government to Italgrani SpA for
the setting up of an agri-foodstuffs complex in the
Mezzogiorno ( OJ 1991 L 254, p. 14 ) — the Court of First                           ORDER OF THE PRESIDENT
Instance ( Second Chamber, extended composition ),                             OF THE COURT OF FIRST INSTANCE
composed of B. Vesterdorf, President, D. P. M. Barrington,                                 of 24 February 1995
A. Saggio, H. Kirschner and A. Kalogeropoulos, Judges, J.
Palacio Gonzalez, Administrator, for the Registrar, has              in Case T-2/95 R: Industrie des Poudres Sphériques v.
given a judgment on 27 April 1995 , in which it:                                    Council of the European Union
                                                                                                 ( 95/C 137/53 )
 1 . ordered Case T-443/93 to be removed from the
      Register;                                                                      (Language of the case: French)
 2 . ordered the applicant to bear the costs including those         In Case T-2/95 R: Industrie des Poudres Spheriques,
      incurred by the intervener.                                    Annemasse ( France ), represented by Chantal Momege, of
                                                                     the Paris Bar, with an address for service in Luxembourg at
 (M OJ No C 47, 21 . 2 . 1992 .
                                                                     the Chambers of Alex Schmitt, 62 Avenue Guillaume, v.
                                                                      Council of the European Union (Agents : R. Torrent, J.
                                                                     Monteiro and P. Bentley) — application for suspension of
                                                                     the operation, in so far as concerns the applicant, of Council