Judgment — ECLI:EU:T:1998:92
Date: 1998-05-14
Language of the case: German
Court formation: Third Chamber, Extended Composition
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Concepts: Statement of reasons;Infringement committed "deliberately or through negligence";Determining the amount of the fine;Agreements of undertakings, decisions by associations of undertakings and concerted practices;Termination of infringements: powers of the Commission
Procedure: Action for annulment - unfounded;Action for annulment - successful;Appeal against penalty - inadmissible;Appeal against penalty - unfounded;Appeal against penalty - successful
Origin: Germany

Summary 
Facts II - 1049 
Procedure II - 1056 
Forms of order sought II - 1058 
The application for annulment of Article 1 of the Decision II - 1058 
The plea alleging infringement of the obligation to state reasons and failure to observe 
requirements relating to the burden of proof II - 1058 
Arguments of the parties II - 1058 
Findings of the Court II - 1060 
The plea that the applicant did not participate in secret and institutionalised meetings and 
regular agreements on prices II - 1062 
Arguments of the parties II - 1062 
Findings of the Court II - 1064 
— As to the applicant's participation in 'secret and institutionalised meetings'. II - 1065 
— As to the applicant's participation in collusion on prices II - 1067 
— As to the characterisation in law of the infringement II - 1072 
The plea that the applicant did not implement the price increases II - 1073 
Arguments of the parties II - 1073 
Findings of the Court II - 1074 
The plea alleging that the applicant did not participate in collusion on market shares and 
on capacities II - 1075 
Arguments of the parties II - 1075 
Findings of the Court II - 1077 
— The applicant's participation in collusion on downtime II - 1078 
— The applicant's participation in collusion on market shares II - 1085 
I I - 1 1 2 7 
JUDGMENT OF 14. 5. 1998 — CASE T-310/94 
The plea alleging error of assessment regarding the applicant's participation in the Fides 
information exchange system II - 1089 
Arguments of the parties II - 1089 
Findings of the Court II - 1090 
The application for annulment of Article 2 of the Decision II - 1091 
Arguments of the parties II - 1091 
Findings of the Court II - 1094 
The application for annulment or reduction of the amount of the fine II - 1100 
The pleas dealt with in the course of common oral argument II - 1100 
The pleas that the Commission took an erroneous turnover figure into account and 
infringed the obligation to state reasons and the rights of the defence II - 1102 
Arguments of the parties II - 1102 
Findings of the Court II - 1107 
— The arguments grounded on infringement of the obligation to state reasons 
and infringement of the applicant's rights of defence II - 1108 
— The question whether the infringement related to Printa and Duplex 11-1113 
— The turnover used in order to determine the amount of the fine I I - 1 1 1 6 
The plea that the applicant's participation in the bodies of the PG Paperboard was limited 
and that there was no deliberate infringement II - 1118 
Arguments of the parties II - 1118 
Findings of the Court II - 1119 
— The first part of the plea I I - 1 1 2 0 
— The second part of the plea II - 1121 
The plea alleging infringement of the principle of equal treatment II - 1122 
Arguments of the parties II - 1122 
Findings of the Court II - 1123 
Costs II - 1125 
I I - 1 1 2 8