JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-44/02: Dresdner Bank AG v Commission of the European Communities (1)

(Competition - Article 81 EC - Price-fixing agreement and ways of charging for currency exchange services - Germany - Procedure in default)

(2004/C 314/33)

Language of the case: German

In Case T-44/02: Dresdner Bank AG, established in Frankfurt am Main (Germany), represented by M. Hirsch and W. Bosch, lawyers, with an address for service in Luxembourg, against Commission of the European Communities — application for annulment of Commission Decision 2003/25/EC of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty — (Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for exchanging euro-zone currencies — Germany) (OJ 2003 L 15, p. 1) — the Court of First Instance (Fifth Chamber), composed of P. Lindh, President, R. García-Valdecasas and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment on 14 October 2004, in which it:

1.	Annuls Commission Decision 2003/25/EC of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for exchanging euro-zone currencies — Germany) in so far as it concerns the applicant;

2.	Orders the Commission to pay the costs.

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(1)   OJ C 109 of 4.5.2002.