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

In Case T-76/89,

THE COURT OF FIRST INSTANCE (Second Chamber), composed of: A. Saggio, President of the Chamber, Chr. Yeraris, C. P. Briėt, 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. 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 existence of an abuse

2. Inadequate statement of reasons

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

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

— Arguments of the parties

— Legal assessment

2. Infringement of the Berne Convention

— Arguments of the parties

— Legal assessment

3. Failure to comply with the principle of proportionality

Costs

1 Language of the case English