Judgment of the Court (Fifth Chamber) of 16 November 2000 in Case C-298/98 P: Metsä-Serla Sales Oy v Commission of the European Communities (Appeal — Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Fines — Determination of the amount — Statement of reasons — Cooperation during the administrative procedure)
Date: 2001-02-10
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), fine, paperboard, restriction on competition, restrictive trade practice

C 45/4

EN

Official Journal of the European Communities

10.2.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

(Fifth Chamber)

of 16 November 2000

of 16 November 2000

in Case C-297/98 P: SCA Holding Ltd v Commission of
the European Communities (1)

in Case C-298/98 P: Metsä-Serla Sales Oy v Commission
of the European Communities (1)

(Appeal — Competition — Article 85(1) of the EC Treaty
(now Article 81(1) EC) — Liability for the infringement —
Fines — Statement of reasons — Mitigating circumstances)

(Appeal — Competition — Article 85(1) of the EC Treaty
(now Article 81(1) EC) — Fines — Determination of the
amount — Statement of reasons — Cooperation during the
administrative procedure)

(2001/C 45/07)

(Language of the case: English)

(2001/C 45/08)

(Language of the Case: German)

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

In Case C-297/98 P, SCA Holding Ltd, established in Aylesford
(United Kingdom), represented by J. Pheasant and N. Bromfield,
solicitors, with an address for service in Luxembourg at the
Chambers of Loesch & Wolter, 11 Rue Goethe — appeal
against the judgment of the Court of First Instance of the
European Communities (Third Chamber, Extended Compo-
sition) of 14 May 1998 in Case T-327/94 SCA Holding v
Commission [1998] ECR II-1373, seeking to have that judg-
ment set aside, the other party to the proceedings being
Commission of the European Communities, represented by
J. Currall, Legal Adviser, and R. Lyal, acting as Agents — 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:

1. Dismisses the appeal;

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

In Case C-298/98 P, Metsä-Serla Sales Oy, formerly Finnish
Board Mills Association (Finnboard), established in Espoo
(Finland), represented by H. Hellmann, Rechtsanwalt, 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 Case
T-338/94 Finnboard v Commission [1998] ECR II-1617,
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,
(Fifth Chamber),
assisted by D. Schroeder — the Court
the Chamber,
composed of: A. La Pergola, President of
M. Wathelet
Jann and
J. Mischo, Advocate General; R. Grass,
L. Sevo´ n,
Registrar, has given a judgment on 16 November 2000 in
which it:

(Rapporteur), D.A.O. Edward, P.

Judges;

2. Orders SCA Holding Ltd to pay the costs.

1. Dismisses the appeal;

2. Orders Metsä-Serla Sales Oy to pay the costs.

(1) OJ C 299 of 26.9.1998.

(1) OJ C 299 of 26.9.1998.