Judgment of the Court of First Instance of 9 July 2003 in Case T-223/00: Kyowa Hakko Kogyo Co. Ltd and Kyowa Hakko Europe GmbH v Commission of the European Communities (Competition — Cartel — Lysine — Guidelines on the method of setting fines — Applicability — Gravity of the infringement — Turnover — Concurrent sanctions)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: action for annulment (EU), economic sanctions, infringement of EU law, inter-company agreement, merger control, organic acid, restriction on competition

6.9.2003

EN

Official Journal of the European Union

C 213/27

(Belgium), represented by J. Stuyck, lawyer, with an address for
service in Luxembourg, v Commission of
the European
Communities (agents: H.M.H. Speyart and L. Flynn) — an
application for annulment of Commission Decision C (2000)
36 of 31 January 2000 reducing the amount of financial
assistance initially provided by Decision C (1994) 3059 of
25 November 1994 approving the grant of assistance through
the European Social Fund for an operational programme under
the Community framework of support for the achievement of
Objective 3 in Belgium (Flemish Community) — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
Judges; Registrar:
dent, and P. Mengozzi and M. Vilaras,
J. Plingers, Administrator, gave the following judgment on
9 July 2003:

1.

Commission Decision C (2000) 36 of 31 January 2000
reducing the amount of financial assistance initially provided
by Decision C (1994) 3059 of 25 November 1994 approving
the grant of assistance through the European Social Fund for
an operational programme under the Community framework of
the achievement of Objective 3 in Belgium
support
(Flemish Community) is annulled in so far as it reduces by
EUR 181 067 the financial assistance under the European
Social Fund of which the Vlaams Fonds voor de Sociale
Integratie van Personen met een Handicap is the recipient;

for

2.

The Commission is ordered to pay the costs.

( 1) OJ C 176 of 24.6.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-220/00: Cheil Jedang Corp. v Commission of the
European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Mitigating
circumstances)

(2003/C 213/51)

(Language of the case: English)

In Case T-220/00, Cheil Jedang Corp., established in London
(United Kingdom), represented by A.R.M. Bell, solicitor,
R.P. Gerrits, lawyer, and J. Killick, barrister, with an address for
service in Luxembourg, v Commission of
the European
Communities (Agents: W. Wils, R. Lyal and J. Flynn): Appli-

cation for partial annulment of Commission Decision 2001/
418/EC of 7 June 2000 relating to a proceeding pursuant to
Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ 2001
L 152, p. 24) or a reduction in the fine imposed on the
applicants, the Court of First Instance (Fourth Chamber),
composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 9 July 2003, in which it:

1.

Sets the amount of the fine imposed on Cheil Jedang Corp. at
EUR 10 080 000;

2. Dismisses the remainder of the application;

3. Orders Cheil Jedang Corp. to bear its own costs and to pay two
thirds of the Commission’s costs and orders the Commission to
bear one third of its own costs.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-223/00: Kyowa Hakko Kogyo Co. Ltd and
Kyowa Hakko Europe GmbH v Commission of the
European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity of the
infringement — Turnover — Concurrent sanctions)

(2003/C 213/52)

(Language of the case: English)

In Case T-223/00, Kyowa Hakko Kogyo Co. Ltd, established in
Tokyo (Japan), Kyowa Hakko Europe GmbH, established in
Düsseldorf
(Germany), represented by C. Canenbley, and
K. Diedrich, lawyers, with an address for service in Luxem-
bourg, v Commission of the European Communities (Agents:
W. Wils, R. Lyal and J. Flynn): Application for partial annul-
ment of Commission Decision 2001/418/EC of 7 June 2000
relating to a proceeding pursuant to Article 81 of the EC
Treaty and Article 53 of the EEA Agreement (Case COMP/
36.545/F3 — Amino Acids) (OJ 2001 L 152, p. 24) or a
reduction in the fine imposed on the applicants, the Court of

C 213/28

EN

Official Journal of the European Union

6.9.2003

First Instance (Fourth Chamber), composed of: M. Vilaras,
President, V. Tiili and P. Mengozzi, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on, in
which it:

1.

Sets the amount of the fine imposed on Archer Daniels Midland
Company and Archer Daniels Midland Ingredients Ltd jointly
and severally at EUR 43 875 000;

1. Dismisses the action;

2. Orders Kyowa Hakko Kogyo Co. Ltd and Kyowa Hakko Europe
GmbH to bear their own costs and, jointly and severally, to pay
those incurred by the Commission.

3. Orders Archer Daniels Midland Company and Archer Daniels
Midland Ingredients Ltd to bear their own costs and to pay
three quarters of
costs and orders the
Commission to bear one quarter of its own costs.

the Commission’s

2. Dismisses the remainder of the application;

( 1) OJ C 316 of 04.11.2000.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-224/00: Archer Daniels Midland Company and
Archer Daniels Midland Ingredients Ltd v Commission of
the European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Aggravating
circumstances — Mitigating circumstances — Cooperation
during the administrative procedure — Concurrent sanc-
tions)

(2003/C 213/53)

(Language of the case: English)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-230/00: Daesang Corp. and Sewon Europe
GmbH v Commission of the European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Turnover — Mitigating circum-
stances — Cooperation during the administrative procedure)

(2003/C 213/54)

(Language of the case: English)

In Case T-224/00, Archer Daniels Midland Company, estab-
lished in Decatur, Illinois (United States of America), Archer
Daniels Midland Ingredients Ltd, established in Erith (United
Kingdom), represented by L. Martin Alegi and E.W. Batchelor,
solicitors, with an address for service in Luxembourg, v
Commission of the European Communities (Agents: W. Wils,
R. Lyal and J. Flynn): Application for partial annulment of
Commission Decision 2001/418/EC of 7 June 2000 relating
to a proceeding pursuant to Article 81 of the EC Treaty and
Article 53 of the EEA Agreement (Case COMP/36.545/F3 —
Amino Acids) (OJ 2001 L 152, p. 24) or a reduction in the
fine imposed on the applicants, and counterclaim by the
Commission for an increase in the amount of that fine, the
Court of First
Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment
on 9 July 2003, in which it:

In Case T-230/00, Daesang Corp., established in Seoul (South
Korea), Sewon Europe GmbH, established in Eschborn
(Germany), represented by J.-F. Bellis and S. Reinart, lawyers,
and A. Kmiecik, solicitor, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: W. Wils, R. Lyal and J. Flynn): Application for a
reduction in the fine imposed on the applicants by Commission
Decision 2001/418/EC of 7 June 2000 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ
2001 L 152, p. 24), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 9 July 2003, in which it:

1.

Sets the amount of the fine imposed on Daesang Corp. and
Sewon Europe GmbH jointly and severally at EUR 7 128 240;