CELEX: C1999/160/35
Language: en
Date: 1999-06-05 00:00:00
Title: Judgment of the Court of First Instance of 25 March 1999 in Case T-102/96: Gencor Ltd v. Commission of the European Communities (Competition - Regulation (EEC) No 4064/89 - Decision declaring a concentration incompatible with the common market - Action for annulment - Admissibility - Legal interest in bringing proceedings - Territorial scope of Regulation (EEC) No 4064/89 - Collective dominant position - Commitments)

C 160/18                  EN                     Official Journal of the European Communities                                        5.6.1999
Hansjürgen Herrmann, Rechtsanwalt, Cologne, and sub-                            JUDGMENT OF THE COURT OF FIRST INSTANCE
sequently by Frank Montag, Rechtsanwalt, Cologne, with an
address for service in Luxembourg at the Chambers of Jacques
Loesch, 11, rue Goethe, Enichem SpA, established in Milan,
represented by Mario Siragusa, of the Rome Bar, and Francesca                                       of 25 March 1999
Maria Moretti, of the Bologna Bar, with an address for service
at the Chambers of Elvinger, Hoss and Prussen, 2, place
Winston Churchill v. Commission of the European Communi-
ties (Agents : represented initially by Berend Jan Drijber, Julian          in Case T-102/96: Gencor Ltd v. Commission of the
Currall and Marc van der Woude, assisted by Éric Morgan de                                   European Communities (1)
Rivery, Alexandre Böhlke, David Lloyd Jones, Renzo Maria
Morresi and Nicholas Forwood, and subsequently by Julian
Currall, also assisted by Marc van der Woude) — application                 (Competition - Regulation (EEC) No 4064/89 — Decision
for the annulment of Commission Decision 94/599/EC of                       declaring a concentration incompatible with the common
27 July 1994 relating to a proceeding pursuant to Article 85                market — Action for annulment — Admissibility — Legal
of the EC Treaty (IV/31.865 - PVC) (OJ L 239, 14.9.1994,                    interest in bringing proceedings — Territorial scope of
p. 14) — the Court of First Instance (Third Chamber, Extended               Regulation (EEC) No 4064/89 — Collective dominant pos-
Composition), composed of: V. Tiili, President, K. Lenaerts and                                  ition — Commitments)
A. Potocki, Judges; J. Palacio González, Administrator, for the
Registrar, has given a judgment on 20 April 1999, in which it:
                                                                                                     (1999/C 160/35)
1. joins cases T-305/94, T-306/94, T-307/94, T-313/94,
     T-314/94, T-315/94, 316/94, T-318/94, T-325/94,
     T-328/94, T-329/94 and T-335/94 for the purposes of the
     judgment,
                                                                                              (Language of the case: English)
2. annuls Article 1 of Commission Decision 94/599/EC of 27 July
     1994 relating to a proceeding pursuant to Article 85 of the EC         In case T-102/96: Gencor Ltd, established in Johannesburg,
     Treaty (IV/31.865 - PVC) in so far as it holds that Société            Republic of South Africa, represented by Paul Lasok QC,
     artésienne de Vinyle participated in the infringement in question      instructed by James Flynn and David Hall, Solicitors, London,
     after the first half of 1981,                                          with an address for service in Luxembourg at the Chambers of
                                                                            Marc Loesch, 11, rue Goethe, v. Commission of the European
                                                                            Communities (Agent: Richard Lyal), supported by Federal
                                                                            Republic of Germany, represented by Ernst Röder, Minis-
3. reduces the fines imposed by Article 3 of that decision on Elf           terialrat, and Bernd Kloke, Oberregierungsrat, application for
     Atochem SA, Société artésienne de Vinyle and Imperial Chemical         the annulment of Commission Decision 97/26/EC of 24 April
     Industries plc to EUR 2 600 000, EUR 135 000 and EUR                   1996 declaring a concentration to be incompatible with the
     1 550 000 respectively,                                                common market and the functioning of the EEA Agreement
                                                                            (Case No IV/M.619 — Gencor /Lonrho) (OJ L 11, 14.1.1997,
                                                                            p. 30) — the Court (Fifth Chamber, Extended Composition),
4. dismisses the remainder of the actions,                                  composed of: J. Azizi, President, B. Vesterdorf, R. Garcı́a-
                                                                            Valdecasas, R. M. Moura Ramos and M. Jaeger; J. Palacio
                                                                            González and A. Mair, Administrators, for the Registrar, has
                                                                            given a judgment on 25 March 1999, in which it:
5. orders each applicant to bear both its own costs and those of the
     Commission in the case which it has brought. However, in Cases
     T-307/94 and T-328/94, Elf Atochem SA, Imperial Chemical               1. dismisses the application,
     Industries plc and the Commission are each ordered to bear their
     own costs. In Case T-318/94, Société artésienne de Vinyle is
     ordered to bear two thirds of its own costs and the Commission         2. orders the applicant to bear its own costs and those incurred by
     is ordered to bear one third of the applicant’s costs in addition to        the Commission,
     its own costs.
                                                                            3. orders the Federal Republic of Germany to bear its own costs.
(1) OJ C 331, 26.11.1994.
                                                                            (1) OJ C 247, 24.8.1996.