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

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;

6.9.2003

EN

Official Journal of the European Union

C 213/29

2. Dismisses the remainder of the application;

3. Orders Daesang Corp. and Sewon Europe GmbH to bear their
own costs and, jointly and severally, 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.

Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M.
Judges; Registrar: D. Christensen,
Administrator, has given a judgment on 8 July 2003, in which
it:

Jaeger,

1. Declared the application to be inadmissible in so far as it seeks
annulment of Decision COMP/ECSC.1336 of 14 September
2000;

2. Declared the application to be admissible but unfounded in so
far as it seeks annulment of Decision COMP/M.2045 of
5 September 2000;

3. Ordered the applicants to bear their own costs and to pay
those incurred by the Commission and by Salzgitter and
Mannesmann.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ No C 61 of 24.2.01.

of 8 July 2003

in Case T-374/00: Verband der freien Rohrwerke eV and
Others v Commission of the European Communities (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Control of concentrations — Concentration covered partly
by the ECSC Treaty and partly by the EC Treaty — Decision
to authorise on the basis of Article 66(2) CS — Decision
declaring compatibility with the common market on the basis
of Article 6(1)(b) of Regulation (EEC) No 4064/89 —
Conditions for admissibility under the ECSC Treaty and the
EC Treaty — Relationship between the rules on control of
concentrations laid down in the ECSC Treaty and the EC
Treaty — Duty to state reasons — Erroneous assessment)

(2003/C 213/55)

(Language of the case: German)

In Case T-374/00: Verband der freien Rohrwerke eV, estab-
lished in Düsseldorf
(Germany), Eisen- und Metallwerke
Ferndorf GmbH, established in Kreuztal-Ferndorf (Germany),
Rudolf Flender GmbH & Co. KG, established in Siegen
(Germany), represented by H. Hellmann, lawyer, against Com-
mission of the European Communities (Agents: W. Mölls and
W. Wils), supported by Mannesmann AG, established in
Düsseldorf, represented by K. Moosecker and P. Niggemann,
lawyers, and by Salzgitter AG, established in Salzgitter
(Germany), represented by J. Sedemund and T. Lübbig, lawyers
— application for annulment of Decision COMP/M.2045
of 5 September 2000 and Decision COMP/ECSC.1336 of
14 September 2000, by which the Commission authorised, on
the basis of, respectively, Article 6(1)(b) of Regulation (EEC)
No 4064/89 and Article 66(2) CS, the acquisition by Salzgitter
of control of Mannesmannröhren-Werke — the Court of First

of 9 July 2003

in Case T-22/01 Petros Efthymiou v Commission of the
European Communities (1)

(Officials — Repayment of mission expenses — Business
class air travel)

(2003/C 213/56)

(Language of the case: French)

In Case T-22/01 Petros Efthymiou, an official of the Com-
mission of the European Communities, residing in Luxem-
bourg, represented by J.-N. Louis and V. Peere, avocats, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: C. Berardis-Kayser and
H. Tserepa-Lacombe), — application for annulment of the
Commission’s decision of 24 March 2000 making three
‘supplementary amendments’ to mission expense accounts and
in
charging to the applicant
addition, a request that the Commission should be ordered to
repay to the applicant
the amounts deducted from his
remuneration by way of sums overclaimed, — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
dent, and P. Mengozzi and M. Vilaras, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
9 July 2003, in which it:

the sums overclaimed and,

1. Annuls the Commission’s decision of 24 March 2003 making
three ‘supplementary amendments’ to mission expense accounts
and charging to the applicant the sums overclaimed inasmuch