Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 8 July 2003
in Case T-374/00: Verband der freien Rohrwerke eV and Others v Commission of the European Communities 1 (Control of concentrations ( Concentration covered partly by the ECSC Treaty and partly by the EC Treaty ( Decision to authorise on the basis of Article 66(2) CS ( Decision declaring compatibility with the common market on the basis of Article 6(1)(b) of Regulation (EEC) No 4064/89 ( Conditions for admissibility under the ECSC Treaty and the EC Treaty ( Relationship between the rules on control of concentrations laid down in the ECSC Treaty and the EC Treaty ( Duty to state reasons ( Erroneous assessment)
(Language of the case: German)
In Case T-374/00: Verband der freien Rohrwerke eV, established in Düsseldorf (Germany), Eisen- und Metallwerke Ferndorf GmbH, established in Kreuztal-Ferndorf (Germany), Rudolf Flender GmbH & Co. KG, established in Siegen (Germany), represented by H. Hellmann, lawyer, against Commission of the European Communities (Agents: W. Mölls and W. Wils), supported by Mannesmann AG, established in Düsseldorf, represented by K. Moosecker and P. Niggemann, lawyers, and by Salzgitter AG, established in Salzgitter (Germany), represented by J. Sedemund and T. Lübbig, lawyers ( application for annulment of Decision COMP/M.2045 of 5 September 2000 and Decision COMP/ECSC.1336 of 14 September 2000, by which the Commission authorised, on the basis of, respectively, Article 6(1)(b) of Regulation (EEC) No 4064/89 and Article 66(2) CS, the acquisition by Salzgitter of control of Mannesmannröhren-Werke ( the Court of First Instance (Third Chamber), composed of K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; Registrar: D. Christensen, Administrator, has given a judgment on 8 July 2003, in which it:
1.Declared the application to be inadmissible in so far as it seeks annulment of Decision COMP/ECSC.1336 of 14 September 2000;
2.Declared the application to be admissible but unfounded in so far as it seeks annulment of Decision COMP/M.2045 of 5 September 2000;
3.Ordered the applicants to bear their own costs and to pay those incurred by the Commission and by Salzgitter and Mannesmann.
____________1 - OJ No C 61 of 24.2.01.