2.12.2006   

EN

Official Journal of the European Union

C 294/43


Judgment of the Court of First Instance of 27 September 2006 — Haladjian Frères v Commission

(Case T-204/03) (1)

(Competition - Article 81 EC - Article 82 EC - Distribution of spare parts - Parallel imports - Complaint - Decision rejecting complaint)

(2006/C 294/90)

Language of the case: French

Parties

Applicant: Haladjian Frères (Sorgues, France) (represented by: N. Coutrelis, lawyer)

Defendant: Commission of the European Communities (represented by: A. Whelan and O. Beynet, Agents, assisted by D. Waelbroeck, lawyer)

Interveners in support of the defendant: Caterpillar, Inc. (Peoria, Illinois, United States) and Caterpillar Group Services SA (Charleroi, Belgium) (represented by: initially N. Levy, Solicitor, and S. Kingston, Barrister, then N. Levy and T. Graf, lawyer)

Re:

Application for annulment of the Commission's decision of 1 April 2003 rejecting the complaint alleging infringements of Articles 81 EC and 82 EC lodged by Haladjian Frères SA against Caterpillar, Inc.

Operative part of the judgment

The Court:

1.

Dismisses the application;

2.

Orders the applicant to bear its own costs and to pay the costs incurred by the Commission and the interveners.


(1)  OJ C 200, 23.8.2003.