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Document 62001CJ0172
Judgment of the Court (Fifth Chamber) of 2 October 2003. # International Power plc, British Coal Corporation, PowerGen (UK) plc and Commission of the European Communities v National Association of Licensed Opencast Operators (NALOO). # Appeal - ECSC Treaty - Rejection of a complaint alleging discriminatory pricing and unreasonable royalties - Powers of the Commission. # Joined cases C-172/01 P, C-175/01 P, C-176/01 P and C-180/01 P.
Решение на Съда (пети състав) от 2 октомври 2003 г.
International Power plc, British Coal Corporation, PowerGen (UK) plc et Комисия на Европейските общности срещу National Association of Licensed Opencast Operators (NALOO).
Жалба.
Съединени дела C-172/01 P, C-175/01 P, C-176/01 P и C-180/01 P.
Решение на Съда (пети състав) от 2 октомври 2003 г.
International Power plc, British Coal Corporation, PowerGen (UK) plc et Комисия на Европейските общности срещу National Association of Licensed Opencast Operators (NALOO).
Жалба.
Съединени дела C-172/01 P, C-175/01 P, C-176/01 P и C-180/01 P.
ECLI identifier: ECLI:EU:C:2003:534
«(Appeal – ECSC Treaty – Rejection of a complaint alleging discriminatory pricing and unreasonable royalties – Powers of the Commission)»
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(ECSC Treaty, Arts 4(b) and 63(1))
(ECSC Treaty, Arts 4(d) and 66(7))
(ECSC Treaty, Arts 63(1) and 66(7))
(ECSC Treaty, Art. 33)
JUDGMENT OF THE COURT (Fifth Chamber)
2 October 2003 (1)
((Appeal – ECSC Treaty – Rejection of a complaint alleging discriminatory pricing and unreasonable royalties – Powers of the Commission))
In Joined Cases C-172/01 P, C-175/01 P, C-176/01 P and C-180/01 P, International Power plc, formerly National Power plc, established in London (United Kingdom), represented by D. Anderson QC and M. Chamberlain, barrister, instructed by S. Ramsay, solicitor, British Coal Corporation, established in London, represented by D. Vaughan QC and D. Lloyd Jones QC, instructed by C. Mehta, solicitor, PowerGen (UK) plc, formerly PowerGen plc, established in London, represented by K.P.E. Lasok QC, instructed by P. Lomas, solicitor,and Commission of the European Communities, represented by A. Whelan, acting as Agent, assisted by J.E. Flynn, barrister, with an address for service in Luxembourg,appellants,
APPEALS against the judgment of the Court of First Instance of the European Communities (Second Chamber) of 7 February 2001 in Case T-89/98 NALOO v Commission [2001] ECR II-515, seeking to have that judgment set aside, the other party to the proceedings being: National Association of Licensed Opencast Operators (NALOO), established in Newcastle upon Tyne (United Kingdom), represented by M. Hoskins, barrister, instructed by A. Dowie, solicitor, with an address for service in Luxembourg,applicant at first instance,THE COURT (Fifth Chamber),,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 6 February 2003, at which International Power plc was represented by D. Anderson and M. Chamberlain, British Coal Corporation by D. Vaughan and D. Lloyd Jones, PowerGen (UK) plc by K.P.E. Lasok, the National Association of Licensed Opencast Operators (NALOO) by C. Quigley, barrister, and the Commission by A. Whelan and J.E. Flynn,after hearing the Opinion of the Advocate General at the sitting on 8 May 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
hereby:
Wathelet |
Edward |
La Pergola |
Jann |
Rosas |
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R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |