Judgment_paragraph 37 · NMB France SARL, NMB-Minebea-GmbH, NMB UK Ltd and NMB Italia Srl v Commission of the European Communities (T-162/94)

37Consequently, it is necessary to consider in this case whether the status of res judicata of the judgment in Case C-188/88 NMB and Others ν Commission, in which the Court dismissed as unfounded the action brought by NMB (Deutschland) GmbH, NMB Italia Srl and NMB (UK) Ltd, is such as to bar the admissibility of the present action. It is settled case-law that this can be the case only if the proceedings disposed of by the judgment in Case C-l88/88 NMB and Others ν Commission were between the same parties, had the same purpose and were based on the same submissions as the present case (judgment of the Court of Justice in Joined Cases 172/83 and 226/83 Hoogovens Groep ν Commission [1985] ECR 2831, paragraph 9, the order of the Court of Justice in Joined Cases 159/84, 267/84, 12/85 and 264/85 Ainsworth and Others ν Commission [1987] ECR 1579, paragraph 3, the judgment of the Court of Justice in Joined Cases 358/85 and 51/86 France ν Parliament [1988] ECR 4821, paragraph 12, and the judgment of the Court of First Instance in Case T-28/89 Maindiaux and Others ν ESC [1990] ECR II-59, paragraph 23), those conditions necessarily being cumulative.

NMB France SARL, NMB-Minebea-GmbH, NMB UK Ltd and NMB Italia Srl v Commission of the European Communities (T-162/94)

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