Judgment — ECLI:EU:T:1998:89
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: Determining the amount of the fine;Agreements of undertakings, decisions by associations of undertakings and concerted practices
Procedure: Action for annulment - successful;Appeal against penalty - unfounded
Origin: Germany

Summary 
Facts I I - 8 7 4 
Procedure I I - 8 8 1 
Forms of order sought II - 883 
The application for annulment in part of Article 1 of the decision II - 883 
Arguments of the parties II - 883 
Findings of the Court I I - 8 8 7 
— The applicant's participation in collusion on downtime II - 888 
— The applicant's participation in collusion on market shares II - 894 
The application for reduction of the amount of the fine II - 897 
The plea alleging infringement of the principle of equal treatment as regards the general 
level of the fines II - 897 
Arguments of the parties II - 897 
Findings of the Court I I - 8 9 9 
The plea that there is, at least in part, no basis for the fine II - 903 
Arguments of the parties II - 903 
Findings of the Court II - 904 
The plea alleging that an incorrect turnover figure was taken into account II - 906 
Arguments of the parties II - 906 
Finding of the Court I I - 9 0 9 
The plea that there were mitigating circumstances because, as purchaser of cartonboard, 
the applicant was affected by the concerted measures II - 911 
Argument of the parties II - 911 
Findings of the Court II - 913 
The plea that the alleged concealment of the cartel is not an aggravating factor II - 914 
Arguments of the parties II - 914 
Findings of the Court I I - 9 1 5 
II - 923 
JUDGMENT OF 14. 5. 1998 — CASE T-304/94 
The plea of infringement of the principle of equal treatment when the fines imposed on 
the various cartonboard producers were determined II - 917 
Arguments of the parties II - 917 
Findings of the Court II - 918 
The plea concerning a subject dealt with in the course of common oral argument II - 920 
Costs 11-921 
II - 924