Judgment of the Court (Fifth Chamber) of 7 January 2004 in Joined Cases C-204/00 P, C-205/00 P, C-211/00 P, C-213/00 P, C-217/00 P and C-219/00 P: Aalborg Portland A/S and Others v Commission of the European Communities (Appeal — Competition — Cement market — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Jurisdiction of the Court of First Instance — Rights of the defence — Access to the file — Single and continuous infringement — Liability for an infringement — Evidence of participation in the general agreement and measures of implementation — Fine — Determination of the amount)
Date: 2004-03-06
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), cement, competition

6.3.2004

EN

Official Journal of the European Union

C 59/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 7 January 2004

in Joined Cases C-204/00 P, C-205/00 P, C-211/00 P,
C-213/00 P, C-217/00 P and C-219/00 P: Aalborg Portland
A/S and Others v Commission of the European Communi-
ties (1)

(Appeal — Competition — Cement market — Article 85(1)
of the EC Treaty (now Article 81(1) EC) — Jurisdiction of
the Court of First Instance — Rights of the defence —
Access to the file — Single and continuous infringement —
Liability for an infringement — Evidence of participation in
the general agreement and measures of implementation —
Fine — Determination of the amount)

(2004/C 59/01)

(Languages of the cases: Danish, English, French, Italian)

In Joined Cases C-204/00 P, C-205/00 P, C-211/00 P, C-213/
00 P, C-217/00 P and C-219/00 P, Aalborg Portland A/S,
established in Aalborg (Denmark), represented by K. Dyekjær-
Hansen and K. Høegh, advokaterne (C-204/00 P), Irish Cement
Ltd, established in Dublin (Ireland), represented by P. Sreenan
SC, instructed by J. Glackin, Solicitor, with an address for
service in Luxembourg (C-205/00 P), Ciments français SA,
established in Paris (France), represented by A. Winckler,
avocat, with an address for service in Luxembourg (C-211/00
P), Italcementi — Fabbriche Riunite Cemento SpA, established
in Bergamo (Italy), represented by A. Predieri, M. Siragusa,
M. Beretta, C. Lanciani and F. Moretti, avvocati, with an address
for service in Luxembourg (C-213/00 P), Buzzi Unicem SpA,
formerly Unicem SpA, established in Casale Monferrato (Italy),
represented by C. Osti and A. Prastaro, avvocati, with an
address for service in Luxembourg (C-217/00 P), and Cementir
— Cementerie del Tirreno SpA, established in Rome (Italy),
represented by G.M. Roberti and P. Criscuolo Gaito, avvocati
(C-219/00 P): APPEAL against the judgment of the Court of
First Instance of the European Communities in Joined Cases
T-25/95, T-26/95, T-30/95 to T-32/95, T-34/95 to T-39/95,
T-42/95 to T-46/95, T-48/95, T-50/95 to T-65/95, T-68/

95 to T-71/95, T-87/95, T-88/95, T-103/95 and T-104/95
Cimenteries CBR and Others v Commission [2000] ECR II-
491, seeking to have that judgment set aside in part, the other
party to the proceedings being: Commission of the European
Communities, represented in Case C-204/00 P by R. Lyal and
by H.P. Hartvig, acting as Agents, and in the other cases by
R. Lyal, and also by N. Coutrelis, avocat (C-211/00 P) and by
A. Dal Ferro, avvocato (C-213/00 P, C-217/00 P and C-219/
00 P), with an address for service in Luxembourg, the Court
(Fifth Chamber), composed of: P. Jann, acting for the President
the Fifth Chamber, D.A.O. Edward (Rapporteur) and
of
A. La Pergola,
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; H. von Holstein, Deputy Registrar, and H.A. Rühl,
Principal Administrator, has given a judgment on 7 January
2004, in which it:

1.

2.

Sets aside paragraph 12, seventh indent, of the operative part
of the judgment of the Court of First Instance of the European
Communities of 15 March 2000 in Cases T-25/95, T-26/
95, T-30/95 to T-32/95, T-34/95 to T-39/95, T-42/95 to
T-46/95, T-48/95, T-50/95 to T-66/95, T-68/95 to T-71/
95, T-87/95, T-88/95, T-103/95 and T-104/95;

Sets the amount of the fine imposed on Ciments français SA
for the infringement found in Article 1 of Commission Decision
94/815/EC of 30 November 1994 relating to a proceeding
under Article 85 of the EC Treaty (Cases IV/33.126 and
33.322 — Cement) at EUR 9 620 000;

3. Dismisses the appeals for the remainder;

4. Orders Aalborg Portland A/S, Irish Cement Ltd, Italcementi-
Fabbriche Riunite Cemento SpA, Buzzi Unicem SpA and
Cementir-Cementerie del Tirreno SpA to pay the costs in Cases
C-204/00 P, C-205/00 P, C-213/00 P, C-217/00 P and
C-219/00 P;

C 59/2

EN

Official Journal of the European Union

6.3.2004

5. Orders Ciments français SA and the Commission of

the
European Communities to bear their own costs in Case C-211/
00 P.

(1) OJ C 247 of 26.08.2000.

1. Dismisses the appeals;

2. Orders the Bundesverband der Arzneimittel-Importeure eV,
Bayer AG and the European Federation of Pharmaceutical
Industries’ Associations to bear their own costs in relation to
Case C-2/01 P;

3. Orders the Commission of the European Communities to pay

the costs in relation to Case C-3/01 P;

4. Orders the Kingdom of Sweden to bear its own costs.

JUDGMENT OF THE COURT

of 6 January 2004

(1) OJ C 79 of 10.03.2001.

in Joined Cases C-2/01 P and C-3/01 P: Bundesverband
der Arzneimittel-Importeure eV against Commission of
the European Communities (1)

(Appeals — Competition — Parallel imports — Article 85(1)
of the EC Treaty (now Article 81(1) EC) — Meaning of
agreement between undertakings — Proof of the existence of
an agreement — Market in pharmaceutical products)

(2004/C 59/02)

(Language of the case: German)

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

In Joined Cases C-2/01 P and C-3/01 P: Bundesverband der
Arzneimittel-Importeure eV, established in Mülheim an der
Ruhr (Germany), (Agnets: U. Zinsmeister and W.A. Rehmann),
with an address for service in Luxembourg, supported by
European Association of Euro Pharmaceutical Companies
(EAEPC), established in Brussels (Belgium), (Agents: M. Epping
and M. Lienemeyer), with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: K. Wiedner and W. Wils, assisted by H.-J. Freund),
with an address for service in Luxembourg, supported by
Kingdom of Sweden (Agent: A. Kruse), and by European
Association of Euro Pharmaceutical Companies (EAEPC): two
Appeals against the judgment of the Court of First Instance
the European Communities (Fifth Chamber, Extended
of
Composition) of 26 October 2000 in Case T-41/96 Bayer v
Commission [2000] ECR II-3383, seeking to have that judg-
ment set aside, the other parties to the proceedings being: Bayer
AG, established in Leverkusen (Germany), (Agent: J. Sedemund)
with an address for service in Luxembourg, and European
Federation of Pharmaceutical Industries’ Associations, estab-
lished in Geneva (Switzerland), (Agent: A. Woodgate), the
Court,
Jann,
composed of: V. Skouris, President, P.
C.W.A. Timmermans and J.N. Cunha Rodrigues (Presidents of
Chambers), D.A.O. Edward (Rapporteur), A. La Pergola, J.-
P. Puissochet, R. Schintgen, F. Macken, N. Colneric and S. von
Bahr,
Judges; A. Tizzano, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 6 January 2004, in which it:

ORDER OF THE COURT

of 11 November 2003

in Case C-488/01 P: Jean-Claude Martinez (1)

(Appeal — Statement of formation of a group under
Rule 29(1) of the Rules of Procedure of the European
Parliament — Lack of political affinities — Retroactive
dissolution of the TDI Group — Appeal manifestly inadmis-
sible in part and manifestly unfounded in part)

(2004/C 59/03)

(Language of the case: French)

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

In Case C-488/01 P,
Jean-Claude Martinez, a member of
the European Parliament, residing in Montpellier (France),
represented by F. Wagner and V. de Poulpiquet de Brescanvel,
avocats: Appeal against the judgment of the Court of First
Instance of
the European Communities (Third Chamber,
Extended Composition) in Joined Cases T-222/99, T-327/99
and T-329/99 Martinez and Others v Parliament [2001]
ECR II-2823, seeking to have that judgment set aside, the other
parties to the proceedings being: European Parliament (Agents:
G. Garzón Clariana, J. Schoo and H. Krück), defendant at first
the European
instance, Charles de Gaulle, a member of
Parliament, residing in Paris (France), applicant at first instance,
the Court, composed of: V. Skouris, President, P.
Jann,
C.W.A. Timmermans (Rapporteur), C. Gulmann, J.N. Cunha
Rodrigues
of Chambers,
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, R. Schintgen,
F. Macken, N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, has made an
order on 11 November 2003, the operative part of which is as
follows:

and A. Rosas,

Presidents