15.6.2002 EN C 144/33 Official Journal of the European
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15.6.2002 EN Official Journal of the European Communities C 144/33 COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE 28 February 2002 28 February 2002 in Case T-308/94: Cascades SA v Commission of the European Communities(1) in Case T-395/94: Atlantic Container Line AB e.a. v Commission of the European Communities(1) (Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Liability for the infringement — Fine — Appeal — Referral back to Court of First Instance — (Competition — Liner conferences — Regulation (EEC) Equal treatment — Principle of res judicata) No 4056/86 — Scope — Block exemption — Regulation (EEC) No 1017/68 — Individual exemption) (2002/C 144/71) (2002/C 144/72) (Language of the case: French) (Language of the case: English) In Case T-308/94, Cascades SA, established in Bagnolet (France), represented by J.-Y. Art, lawyer, with an address for service in Luxembourg, v Commission of the European Communities (Agents: R. Lyal and E´. Gippini Fournier): In Case T-395/94, Atlantic Container Line AB, established in Application for annulment of Commission Decision 94/601/ Gothenburg (Sweden), Cho Yang Shipping Co. Ltd, established EC of 13 July 1994 relating to a proceeding under Article 85 in Seoul (South Korea), DSR-Senator Lines GmbH, established of the EC Treaty (IV/C/33.833 — Cartonboard) (OJ 1994 in Bremen (Germany), Hapag Lloyd AG, established in Ham- L 243, p. 1), Court of First Instance (First Chamber, Extended burg (Germany), Mediterranean Shipping Company SA, estab- Composition), composed of: B. Vesterdorf, President, K. Le- lished in Geneva (Switzerland), A. P. Møller-Mærsk Line, naerts, J. Pirrung, M. Vilaras and N. J. Forwood, Judges; established in Copenhagen (Denmark), Nedlloyd Lijnen BV, D. Christensen, Administrator, for the Registrar, has given a established in Rotterdam (Netherlands), Neptune Orient Lines judgment on 28 February 2002, in which it: Ltd, established in Singapore (Singapore), Nippon Yusen Kaisha (NYK Line), established in Tokyo (Japan), Orient Overseas Container Line (UK) Ltd, established in Levington (United 1. Sets the amount of the fine imposed on the applicant by Kingdom), P & O Containers Ltd, established in London Article 3 of Commission Decision 94/601/EC of 13 July (United Kingdom), Polish Ocean Lines (POL), established in 1994 relating to a proceeding under Article 85 of the EC Gdynia (Poland), Sea-Land Service Inc., established in Jersey Treaty (IV/C/33.833 — Cartonboard) at EUR 13 538 000; City, New Jersey (United States of America), Tecomar SA de CV, established in Mexico City (Mexico), Transportacio´ n Marı´tima Mexicana SA de CV, established in Mexico City, 2. Orders the applicant to bear five sixths of its own costs and of represented by J. Pheasant, N. Bromfield and, initially, S. Kim the Commission’s costs, incurred before the Court of Justice and and, subsequently, M. Levitt, solicitors, with an address for the Court of First Instance, including those relating to the service in Luxembourg, supported by The European Com- interlocutory proceedings; munity Shipowners’ Associations ASBL, established in Brussels, represented by D. Waelbroeck, lawyer, and The Japanese 3. Orders the Commission to bear one sixth of the applicant’s Shipowners’ Association, established in Tokyo, represented costs and of its own costs, incurred before the Court of Justice initially by N. Forwood, QC, and P. Rutley, solicitor, and and the Court of First Instance, including those relating to the subsequently by F. Murphy, lawyer, with an address for service interlocutory proceedings. in Luxembourg, v Commission of the European Communities (Agents: B. Langeheine and R. Lyal), supported by The Freight Transport Association Ltd, established in Tunbridge Wells (United Kingdom), including The British Shipping Council, (1) OJ C 351 of 10.12.1994. Association des utilisateurs de transport de fret, established in Paris, incorperating Conseil des chargeurs français, and by The European Council of Transport Users ASBL, established in Brussels, including The European Shippers Council, represent- C 144/34 EN Official Journal of the European Communities 15.6.2002 ed by M. Clough, solicitor-advocate QC, with an address for JUDGMENT OF THE COURT OF FIRST INSTANCE service in Luxembourg: Application for the annulment of Commission Decision 94/980/EC of 19 October 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/ 28 February 2002 34.446 — Trans-Atlantic Agreement) (OJ 1994 L 376, p. 1), the Court of First Instance (Third Chamber), composed of: in Case T-18/97: Atlantic Container Line AB e.a. v Com- K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; Y. Mottard, mission of the European Communities(1) Legal Secretary, for the Registrar, has given a judgment on 28 February 2002, in which it: (Competition — Liner conferences — Agreement fixing the price of inland transport in the context of intermodal transport — Regulation No 1017/68 — Notification — Immunity — Admissibility) 1. Annuls Article 5 of Commission Decision 94/980/EC of 19 October 1994 relating to a proceeding pursuant to (2002/C 144/73) Article 85 of the EC Treaty (IV/34.446 — Trans-Atlantic Agreement); (Language of the case: English) 2. Dismisses the remainder of the application; In Case T-18/97, Atlantic Container Line AB, established in Göteborg (Sweden), Cho Yang Shipping Co. Ltd, established in Seoul (South Korea), DSR-Senator Lines GmbH, established in Bremen (Germany), Hanjin Shipping Co. Ltd, established in 3. Orders the applicants to bear their own costs and to pay four Seoul, Neptune Orient Lines Ltd, established in Singapore, fifths of the costs incurred by the Commission and the Nippon Yusen Kaisha (NYK Line), established in Tokyo (Japan), interveners, the Freight Transport Association Ltd, the Associ- Orient Overseas Container Line (UK) Ltd, established in ation des utilisateurs de transport de fret and the European Levington (United Kingdom), P & O Nedlloyd BV, established Council of Transport Users ASBL, including those relating to in Rotterdam (Netherlands), P & O Containers Ltd, established the interlocutory proceedings in Case T-395/94 R and in Case in London (United Kingdom), Hapag-Lloyd AG, established in T-395/94 R II; Hamburg (Germany), A. P. Møller-Mærsk Line, established in Copenhagen (Denmark), Mediterranean Shipping Company SA, established in Geneva (Switzerland), POL-Atlantic, estab- lished in Gdynia (Poland), Sea-Land Service Inc., established in 4. Orders the Commission to bear one fifth of its own costs; Charlotte (United States of America), Tecomar SA de CV, established in Mexico City (Mexico), Transportacio´ n Marı´tima Mexicana SA de CV, established in Mexico City, represented by J. Pheasant and N. Bromfield, Solicitors, with an address for 5. Orders the interveners, the Freight Transport Association Ltd, service in Luxembourg, v Commission of the European the Association des utilisateurs de transport de fret and the Communities (Agent: R. Lyal), supported by French Republic European Council of Transport Users ASBL, to bear one fifth (Agents: K. Rispal-Bellanger and R. Loosli-Surrans): Appli- of their own costs; cation for annulment of Commission Decision C(96) 3414 final of 26 November 1996 relating to a proceeding under Article 85 of the EC Treaty (Case No IV/35.134 — Trans-Atlantic Conference Agreement), the Court of First Instance (Third Chamber), composed of: K. Lenaerts, President, 6. Orders the interveners, the European Community Shipowners’ J. Azizi and M. Jaeger, Judges; Y. Mottard, Legal Secretary, for Association ASBL and the Japanese Shipowners’ Association, the Registrar, has given a judgment on 28 February 2002, in to bear their own costs, including those relating to the which it: interlocutory proceedings in Case T-395/94 R and in Case T-395/94 R II. 1. Dismisses the action as inadmissible; 2. Orders the applicants to bear their own costs together with those of the Commission; (1) OJ C 392 of 31.12.1994. 3. Orders the French Republic to bear its own costs. (1) OJ C 94 of 22.3.1997..