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C 213/26 EN Official Journal of the European Union 6.9.

2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 June 2003
of 2 July 2003
in Case T-52/00: Coe Clerici Logistics SpA v Commission
of the European Communities ( 1)
in Case T-99/98: Hameico Stuttgart GmbH and Others v
Council of the European Union and Commission of the (Competition — Complaint — Articles 82 EC and 86 EC —
European Communities ( 1) Admissibility — Port services)

(2003/C 213/49)
(Actions for damages — Common organisation of the
markets — Bananas — Import scheme — Undertakings in (Language of the case: Italian)
the former GDR)

In Case T-52/00, Coe Clerici Logistics SpA, established in


(2003/C 213/48)
Trieste (Italy), represented by G. Conte, G.M. Giacomini and
E. Minozzi, lawyers, with an address for service in Luxembourg,
(Language of the case: German) v Commission of the European Communities (Agents: R. Lyal
and L. Pignataro), supported by Autorità Portuale di Ancona,
represented by S. Zunarelli, C. Perrella and P. Manzini, lawyers:
Application for annulment of the Commission’s letter of
20 December 1999 (D 17482) refusing to act on the
In Case T-99/98, Hameico Stuttgart GmbH, formerly A & B applicant’s complaint based on Articles 82 EC and 86 EC,
Fruchthandel GmbH, established in Stuttgart (Germany), the Court of First Instance (Fifth Chamber), composed of:
Amhof Frucht GmbH, established in Schwabhausen J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
(Germany), Hameico Dortmund GmbH, formerly Dessau- Judges; J. Palacio González, Principal Administrator, for the
Bremer Frucht GmbH, established in Dortmund (Germany), Registrar, has given a judgment on 17 June 2003, in which it:
Hameico Fruchthandelsgesellschaft mbH, formerly Bremen-
Rostocker-Frucht GmbH, established in Rostock (Germany), 1. Dismisses the application;
Leipzig-Bremer Frucht GmbH, established in Leipzig (Ger-
many), represented by G. Schohe, lawyer, with an address for 2. Orders the applicant to bear its own costs and to pay those
service in Luxembourg, v Council of the European Union incurred by the Commission;
(Agents: J.-P. Hix and A. Tanca), Commission of the European
3. Orders the Autorità Portuale di Ancona to bear its own costs.
Communities (Agents: K.-D. Borchardt and A. von Bogdandy),
supported by Kingdom of Spain (Agent: R. Silva de Lapuerta):
Application for compensation for the damage allegedly suf- (1 ) OJ C 135 of 13.5.2000.
fered by the applicants as a result of the application of Council
Regulation (EEC) No 404/93 of 13 February 1993 on the
common organisation of the market in bananas (OJ 1993
L 47, p. 1) and of Commission Regulation (EEC) No 1442/93
of 10 June 1993 laying down detailed rules for the application JUDGMENT OF THE COURT OF FIRST INSTANCE
of the arrangements for importing bananas into the Com-
munity (OJ 1993 L 142, p. 6), the Court of First Instance (First of 9 July 2003
Chamber), composed of: B. Vesterdorf, President, N.J. Forwood
and H. Legal, Judges; J. Plingers, Administrator, for the in Case T-102/00 Vlaams Fonds voor de Sociale Integratie
Registrar, has given a judgment on 2 July 2003, in which it: van Personen met een Handicap v Commission of the
European Communities (1)
1. Dismisses the application;
(Social policy — European Social Fund — Reduction of
financial assistance — Right to a fair hearing — Article 24
2. Orders the applicants to bear their own costs in addition to of Regulation (EEC) No 4253/88 — Statement of reasons)
those incurred by the Council and the Commission. The
Kingdom of Spain is to bear its own costs. (2003/C 213/50)

(Language of the case: Dutch)


( 1) OJ C 312 of 10.10.1998.

In Case T-102/00, Vlaams Fonds voor de Sociale Integratie


van Personen met een Handicap, established in Brussels
6.9.2003 EN Official Journal of the European Union C 213/27

(Belgium), represented by J. Stuyck, lawyer, with an address for cation for partial annulment of Commission Decision 2001/
service in Luxembourg, v Commission of the European 418/EC of 7 June 2000 relating to a proceeding pursuant to
Communities (agents: H.M.H. Speyart and L. Flynn) — an Article 81 of the EC Treaty and Article 53 of the EEA
application for annulment of Commission Decision C (2000) Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ 2001
36 of 31 January 2000 reducing the amount of financial L 152, p. 24) or a reduction in the fine imposed on the
assistance initially provided by Decision C (1994) 3059 of applicants, the Court of First Instance (Fourth Chamber),
25 November 1994 approving the grant of assistance through composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
the European Social Fund for an operational programme under Judges; D. Christensen, Administrator, for the Registrar, has
the Community framework of support for the achievement of given a judgment on 9 July 2003, in which it:
Objective 3 in Belgium (Flemish Community) — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
dent, and P. Mengozzi and M. Vilaras, Judges; Registrar: 1. Sets the amount of the fine imposed on Cheil Jedang Corp. at
J. Plingers, Administrator, gave the following judgment on EUR 10 080 000;
9 July 2003:
2. Dismisses the remainder of the application;
1. Commission Decision C (2000) 36 of 31 January 2000
reducing the amount of financial assistance initially provided 3. Orders Cheil Jedang Corp. to bear its own costs and to pay two
by Decision C (1994) 3059 of 25 November 1994 approving thirds of the Commission’s costs and orders the Commission to
the grant of assistance through the European Social Fund for bear one third of its own costs.
an operational programme under the Community framework of
support for the achievement of Objective 3 in Belgium
(Flemish Community) is annulled in so far as it reduces by (1 ) OJ C 316 of 4.11.2000.
EUR 181 067 the financial assistance under the European
Social Fund of which the Vlaams Fonds voor de Sociale
Integratie van Personen met een Handicap is the recipient;

2. The Commission is ordered to pay the costs.

( 1) OJ C 176 of 24.6.00.
JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-223/00: Kyowa Hakko Kogyo Co. Ltd and


Kyowa Hakko Europe GmbH v Commission of the
JUDGMENT OF THE COURT OF FIRST INSTANCE European Communities ( 1)

of 9 July 2003
(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity of the
in Case T-220/00: Cheil Jedang Corp. v Commission of the infringement — Turnover — Concurrent sanctions)
European Communities ( 1)
(2003/C 213/52)
(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Mitigating (Language of the case: English)
circumstances)

(2003/C 213/51)
In Case T-223/00, Kyowa Hakko Kogyo Co. Ltd, established in
Tokyo (Japan), Kyowa Hakko Europe GmbH, established in
(Language of the case: English) Düsseldorf (Germany), represented by C. Canenbley, and
K. Diedrich, lawyers, with an address for service in Luxem-
bourg, v Commission of the European Communities (Agents:
W. Wils, R. Lyal and J. Flynn): Application for partial annul-
In Case T-220/00, Cheil Jedang Corp., established in London ment of Commission Decision 2001/418/EC of 7 June 2000
(United Kingdom), represented by A.R.M. Bell, solicitor, relating to a proceeding pursuant to Article 81 of the EC
R.P. Gerrits, lawyer, and J. Killick, barrister, with an address for Treaty and Article 53 of the EEA Agreement (Case COMP/
service in Luxembourg, v Commission of the European 36.545/F3 — Amino Acids) (OJ 2001 L 152, p. 24) or a
Communities (Agents: W. Wils, R. Lyal and J. Flynn): Appli- reduction in the fine imposed on the applicants, the Court of