# C_2008022EN.01004101.xml

| 26.1.2008 | EN | Official Journal of the European Union | C 22/41 |
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26.1.2008

EN

Official Journal of the European Union

C 22/41

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Judgment of the Court of First Instance of 12 December 2007 — BASF and UCB v Commission

(Joined Cases T-101/05 and T-111/05) (1)

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(Competition - Agreements, decisions and concerted practices in the vitamin products sector - Choline chloride (vitamin B4) - Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area - Fines - Deterrence - Repeat infringement - Cooperation during the administrative procedure - Single and continuous infringement)

(2008/C 22/75)

Languages of the case: English and French

Parties

Applicants: BASF AG (Ludwigshafen, Germany) (represented by: N. Levy, Barrister, J. Temple Lang, Solicitor, and C. Feddersen, Lawyer) and UCB SA (Brussels, Belguim) (represented by J. Bourgeois, J.-F. Bellis and M. Favart, Lawyers)

Applicants:

Defendant: Commission of the European Communities (represented by: in Case T-101/05 A. Whelan and F. Amato and in Case T-111/05 initially O. Beynet and F. Amato, and subsequently X. Lewis and F. Amato, Agents)

Defendant:

Re:

Application for annulment or reduction of the fines imposed on the applicants by the Commission Decision of 9 December 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-2/37.533 — Choline chloride) (summary published in OJ 2005 L 190, p. 22).

Operative part of the judgment

The Court:

| 1. | Disjoins Case T-112/05 Akzo Nobel and Others v Commission from Cases T-101/05 and T-111/05 for the purposes of the judgment; |
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1.

Disjoins Case T-112/05 Akzo Nobel and Others v Commission from Cases T-101/05 and T-111/05 for the purposes of the judgment;

Akzo Nobel and Others

Commission

| 2. | Annuls Article 1(b) and (f) of Commission Decision 2005/566/EC of 9 December 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-2/37.533 — Choline Chloride) in so far as it makes a finding of infringement against BASF AG and UCB SA during the period before 29 November 1994 in BASF's case and before 14 March 1994 in UCB's case; |
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2.

Annuls Article 1(b) and (f) of Commission Decision 2005/566/EC of 9 December 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-2/37.533 — Choline Chloride) in so far as it makes a finding of infringement against BASF AG and UCB SA during the period before 29 November 1994 in BASF's case and before 14 March 1994 in UCB's case;

| 3. | In Case T-101/05, sets the fine imposed on BASF at EUR 35,024 million; |
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3.

In Case T-101/05, sets the fine imposed on BASF at EUR 35,024 million;

| 4. | In Case T-111/05, sets the fine imposed on UCB at EUR 1,870 million; |
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4.

In Case T-111/05, sets the fine imposed on UCB at EUR 1,870 million;

| 5. | Dismisses the remainder of the applications; |
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5.

Dismisses the remainder of the applications;

| 6. | In Case T-101/05, orders the parties to bear their own costs; |
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6.

In Case T-101/05, orders the parties to bear their own costs;

| 7. | In Case T-111/05, orders the Commission, in addition to bearing its own costs, to pay 90 % of the costs incurred by UCB. |
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7.

In Case T-111/05, orders the Commission, in addition to bearing its own costs, to pay 90 % of the costs incurred by UCB.

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(1)  OJ C 115, 14.5.2005.

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