CELEX: C1999/033/01
Language: en
Date: 1999-02-06 00:00:00
Title: JUDGMENT OF THE COURT of 17 December 1998 in Case C-185/95 P: Baustahlgewebe GmbH v Commission of the European Communities (Appeal - Admissibility - Duration of procedure - Preparatory inquiries - Access to the file - Competition - Agreements, decisions and concerted practices - Fines)

6.2.1999             EN                  Official Journal of the European Communities                                     C 33/1
                                                                 I
                                                           (Information)
                                              COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  2. Sets the amount of the fine imposed on the appellant
                    of 17 December 1998                                  at ECU 2 950 000;
       in Case C-185/95 P: Baustahlgewebe GmbH v
                                                                     3. For the rest, dismisses the appeal;
        Commission of the European Communities (1)
(Appeal Ð Admissibility Ð Duration of procedure Ð                    4. Orders the appellant to bear its own costs and three
Preparatory inquiries Ð Access to the file Ð Competition                 quarters of the Commission's costs.
Ð Agreements, decisions and concerted practices Ð Fines)
                       (1999/C 33/01)                                (1) OJ C 208, 12.8.1995.
              (Language of the case: German)
 (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    Reference for a preliminary ruling by the Supremo
                                                                     Tribunal Administrativo, 1.a SeccËaÄo, 2.a SubseccËaÄo by
                                                                     judgment of that court of 27 October 1998 in the case of
In Case C-185/95 P: Baustahlgewebe GmbH, a company
                                                                     Directora-Geral do Departamento para os Assuntos do
incorporated under German law, established in
                                                                     Fundo Social Europeu against Frota Azul Ð Transportes e
Gelsenkirchen (Germany), represented by Joachim
                                                                                             Turismo, Lda.
Sedemund and Frank Montag, Rechtsanwälte, Cologne,
with an address for service in Luxembourg at the                                           (Case C-413/98)
Chambers of Aloyse May, 31 Grand-Rue Ð appeal                                               (1999/C 33/02)
against the judgment of the Court of First Instance of the
European Communities (First Chamber) of 6 April 1995
in Case T-145/89 Baustahlgewebe v Commission [1995]                  Reference has been made to the Court of Justice of the
ECR II-987, seeking to have that judgment set aside, the             European Communities by judgment of the Supremo
other party to the proceedings being: Commission of the              Tribunal Administrativo, 1.a SeccËaÄo, 2.a SubseccËaÄo
European      Communities      (Agents:      initially  Bernd        (Second Sub-Chamber of the First Chamber of the
Langeheine, then Paul Nemitz, assisted by Alexander                  Supreme Administrative Court) of 27 October 1998,
Böhlke) Ð the Court, composed of: G. C. Rodríguez                    which was received at the Court Registry on 20 November
Iglesias, President, J.-P. Puissochet and G. Hirsch                  1998, for a preliminary ruling in the case of
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho              Directora-Geral do Departamento para os Assuntos do
de Almeida, D. A. O. Edward, H. Ragnemalm                            Fundo Social Europeu against Frota Azul Ð Transportes e
(Rapporteur), L. Sevón, M. Wathelet, R. Schintgen and                Turismo, Lda. on the following questions:
K. M. Ioannou, Judges; P. LeÂger, Advocate General; H. A.
Rühl, Principal Administrator, for the Registrar, has given
a judgment on 17 December 1998, in which it:                         1. Under Council Regulation No 2950/83 (1), must a
                                                                         decision by a Member State not to certify the accuracy
                                                                         of the facts and accounts concerning the portion of the
1. Annuls paragraph 2 of the operative part of the                       expenditure in respect of a training operation to which
    judgment of the Court of First Instance of 6 April                   the European Social Fund (ESF) has contributed, on
    1995 in Case T-145/89 Baustahlgewebe v Commission                    the ground that: it does not correspond to the actual
    in so far as it sets the amount of the fine imposed on               cost of the goods and services on the domestic market;
    the appellant at ECU 3 million;                                      the cost of services submitted exceeds the maximum