Judgment of the Court (Fifth Chamber) of 16 November 2000 in Case C-294/98 P: Metsä-Serla Oyj and Others v Commission of the European Communities (Appeal — Article 15(2) of Regulation No 17 — Joint and several liability for payment of a fine)
Date: 2001-02-10
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), fine, paperboard, restriction on competition, restrictive trade practice

10.2.2001

EN

Official Journal of the European Communities

C 45/3

2. Dismisses the remainder of the appeal;

3.

4.

Refers the case back to the Court of First Instance;

Reserves the costs.

(1) OJ C 299 of 26.9.1998.

4. Orders Sarrio´ SA to bear its own costs and to pay two-thirds
of those of the Commission of the European Communities
before the Court of Justice;

5. Order the Commission of the European Communities to bear

one third of its own costs before the Court of Justice.

(1) OJ C 299 of 26.9.1998.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 16 November 2000

(Fifth Chamber)

of 16 November 2000

in Case C-291/98 P Sarrio´ SA v Commission of the
European Communities (1)

(Appeal — Competition — Article 85(1) of the EC Treaty,
now Article 81(1) EC — Concept of single infringement —
Information exchange — Order — Fine Determination of
the amount — Method of calculation — Statement of
reasons Mitigating circumstances)

(2001/C 45/05)

(Language of the Case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-291/98 P, Sarrio´ SA, established in Barcelona, Spain,
represented by A. Mazzoni, of the Milan Bar, M. Siragusa, of
the Rome Bar, and F. Maria Moretti, of the Venice Bar, with an
address for service in Luxembourg at the Chambers of Elvinger,
Hoss & Prussen, 2 Place Winston Churchill — appeal against
the judgment of the Court of First Instance of the European
Communities (Third Chamber, Extended Composition) of
14 May 1998 in Case T-334/94 Sarrio´ v Commission [1998]
ECR II-1439, seeking to have that judgment set aside,the other
party to the proceedings being Commission of the European
Communities, represented by R. Lyal, of its Legal Service,
acting as Agent, assisted by A. Dal Ferro — the Court (Fifth
Chamber), composed of: A. La Pergola, President of
the
Chamber, M. Wathelet (Rapporteur), D.A.O. Edward, P. Jann
and L. Sevo´ n, Judges; J. Mischo Advocate General; R. Grass,
Registrar, has given a judgment on 16 November 2000 in
which it:

Sets aside paragraph 2 of the operative part of the judgment of
the Court of First Instance of 14 May 1998 in Case T-334/94
Sarrio´ v Commission;

1.

2.

3. Dismisses the remainder of the appeal;

in Case C-294/98 P: Metsä-Serla Oyj and Others v Com-
mission of the European Communities (1)

(Appeal — Article 15(2) of Regulation No 17 — Joint and
several liability for payment of a fine)

(2001/C 45/06)

(Language of the Case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-294/98 P, Metsä-Serla Oyj, formerly Metsä-Serla Oy,
established in Espoo (Finland), UPM-Kymmene Oyj, formerly
United Paper Mills Ltd, established in Helsinki
(Finland),
Tamrock Oy, formerly Tampella Corporation, established in
Tampere (Finland), Kyro Oyj Abp, formerly Oy Kyro Ab,
established in Tampere, represented by H. Hellmann, Rechtsan-
walt, Cologne, and H.-J. Hellmann, Rechtsanwalt, Mannheim,
with an address for service in Luxembourg at the Chambers of
Loesch and Wolter, 11 Rue Goethe — appeal against the
judgment of the Court of First Instance of the European
Communities (Third Chamber, Extended Composition) of
14 May 1998 in Cases T-339/94 to T-342/94 Metsä-Serla and
Others v Comission [1998] ECR II-1727, seeking to have that
judgment set aside, the other party to the proceedings being
Commission of the European Communities, represented by
R. Lyal, of its Legal Service, acting as Agent, assisted by
D. Schroeder — the Court (Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, M. Wathelet (Rapporteur),
J. Mischo,
Jann and L. Sevo´ n,
D.A.O. Edward, P.
Advocate General; R. Grass, Registrar, has given a judgment
on 16 November 2000 in which it:

Judges;

1. Dismisses the appeal.

2. Orders Metsä-Serla Oyj, UPM-Kymmene Oyj, Tamrock Oy

and Kyro Oyk Abp to pay the costs.

Fixes the amount of
EUR 13 750 000;

the fine imposed on Sarrio´ SA at

(1) OJ C 299 of 26.9.1998.