Judgment of the Court of First Instance (Second Chamber) 10 July 1991

In Case T-69/89,

THE COURT OF FIRST INSTANCE (Second Chamber), composed of: A. Saggio, President of the Chamber, Chr. Yeraris, C. P. Briët, D. Barrington and J. Biancarelli, Judges, Registrar: H. Jung

having regard to the written procedure and further to the hearing on 21 February 1991,

gives the following

Judgment

Facts and procedure

Form of order sought by the parties

The application for the annulment of the decision as a whole

1. Infringement of essential procedural requirements

— Arguments of the parties

— Legal assessment

2. Breach of Article 86 of the Treaty

— Arguments of the parties

— Legal assessment

— The definition of the relevant products

— The existence of a dominant position

— The extent of the relevant geographical market

— The existence of an abuse

— Effects on trade between Member States

3. Breach of Article 90(2) of the Treaty

— Arguments of the parties

— Legal assessment

The alternative application for the annulment of Article 2 of the decision

1. Whether Article 2 of the decision is unnecessary

2. Whether Article 2 of the decision is contradictory

3. Infringement of Article 3(1) of Regulation No 17 of the Council

— Arguments of the parties

— Legal assessment

4. Infringement of the Berne Convention

— Arguments of the parties

— Legal assessment

5. Failure to comply with the principle of proportionality

Costs

1 Language of the case: English