CELEX: C1998/378/01
Language: en
Date: 1998-12-05 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 1 October 1998 in Case C-279/95 P: Langnese-Iglo GmbH v. Commission of the European Communities, supported by Mars GmbH (Competition - Article 85(1) of the EC Treaty - Exclusive purchasing agreements for ice-cream - Comfort letter - Prohibition of concluding exclusive agreements in the future)

5.12.98               EN                  Official Journal of the European Communities                                       C 378/1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  D. Ruiz-Jarobo Colomer, Advocate-General; R. Grass,
                       (Fifth Chamber)                                Registrar, has given a judgment on 1 October 1998, in
                                                                      which it:
                      of 1 October 1998
 in Case C-279/95 P: Langnese-Iglo GmbH v. Commission                 1. Dismisses the appeal by Langnese-Iglo GmbH;
     of the European Communities, supported by Mars
                           GmbH (1)                                   2. Dismisses the cross-appeal by the Commission of the
(Competition Ð Article 85(1) of the EC Treaty Ð                            European Communities;
Exclusive purchasing agreements for ice-cream Ð Comfort
letter Ð Prohibition of concluding exclusive agreements in            3. Orders Langnese-Iglo GmbH, the Commission of the
                          the future)                                      European Communities and Mars GmbH to bear their
                        (98/C 378/01)                                      own costs.
                                                                      (1) OJ C 286, 28.10.1995.
               (Language of the case: German)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                     JUDGMENT OF THE COURT
In Case C-279/95 P: Langnese-Iglo GmbH, a company
                                                                                             (Third Chamber)
incorporated under German law, established in Hamburg
(Germany), represented by Martin Heidenhain, Bernhard                                       of 6 October 1998
M. Maassen and Horst Satzky, Rechtsanwälte, Frankfurt
                                                                             in Case C-79/98: Commission of the European
am Main, with an address for service in Luxembourg at
                                                                                 Communities v. Kingdom of Belgium (1)
the chambers of Jean Hoss, 2 Place Winston Churchill Ð
appeal against the judgment of the Court of First Instance            (Failure to fulfil obligations Ð Failure to transpose
of the European Communities (Second Chamber, Extended                                      Directive 94/69/EC)
Composition) of 8 June 1995 in Case T-7/93 Langnese
                                                                                              (98/C 378/02)
Iglo v. Commission [1995] ECR II-1533, seeking to have
that judgment set aside, the other party to the proceedings
being: Commission of the European Communities (Agent:                                 (Language of the case: French)
Wouter Wils, assisted by Alexander Böhlke), supported by
Mars GmbH, a company incorporated under German law,
                                                                        (Provisional translation; the definitive translation will be
established in Viersen (Germany), represented by Jochim
                                                                                published in the European Court Reports)
Sedemund, Rechtsanwalt, Berlin, and by John E. Pheasant,
Solicitor, with an address for service in Luxembourg at the
Chambers of Michel Molitor, 55 Boulevard de la PeÂtrusse              In Case C-79/98: Commission of the European
Ð the Court (Fifth Chamber), composed of: C. Gulmann,                 Communities (Agent: Götz zur Hausen) v. Kingdom of
President of the Chamber, M. Wathelet, J. C. Moitinho de              Belgium (Agent: Anni Snoecx) Ð application for a
Almeida, P. Jann and L. Sevón (Rapporteur), Judges;                   declaration that, by failing to adopt the laws, regulations