Judgment of the Court of First Instance of 11 December 2003 in Case T-59/99: Ventouris Group Enterprises SA v Commission of the European Communities (Competition Regulation (EEC) No 4056/86 — Investigations carried out at company premises other than those of the company to which the investigation decision is addressed Article 85(1) of the EC Treaty (now Article 81(1) EC) — Price-fixing — Proof of infringement Error of assessment of the facts — Fines — Proportionality — Mitigating circumstances)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), ferryboat, fixing of prices, price agreement, restriction on competition, transport company

C 71/20

EN

Official Journal of the European Union

20.3.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 December 2003

of 11 December 2003

in Case T-56/99: Marlines SA v Commission of the
European Communities (1)

(Competition Article 85(1) of
the EC Treaty (now
Article 81(1) EC) — Price fixing — Proof of participation in
a cartel — Duration — Error of assessment of the facts)

in Case T-59/99: Ventouris Group Enterprises SA v
Commission of the European Communities (1)

(Competition Regulation (EEC) No 4056/86 — Investi-
gations carried out at company premises other than those of
the company to which the investigation decision is addressed
Article 85(1) of the EC Treaty (now Article 81(1) EC) —
Price-fixing — Proof of infringement Error of assessment
of the facts — Fines — Proportionality — Mitigating
circumstances)

(2004/C 71/34)

(2004/C 71/35)

(Language of the case: Greek)

(Language of the case: Greek)

In Case T-56/99, Marlines SA, established in Monrovia (Libe-
ria), represented by D.G. Papatheofanous,
lawyer, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: Triantafyllou and R. Lyal):
Application for annulment of Commission Decision 1999/
271/EC of 9 December 1998 relating to a proceeding pursuant
to Article 85 of the EC Treaty (IV/34.466 Greek Ferries) (OJ
1999 L 109, p. 24), the Court of First Instance (Fifth Chamber),
composed of: J.D. Cooke, President, R. García-Valdecasas and
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 11 December 2003, in which it:

1. Dismisses the action;

2. Orders Marlines SA to bear its own costs and those incurred by
the Commission, including both parties’ costs in the interlocu-
tory proceedings.

In Case T-59/99, Ventouris Group Enterprises SA, established
in Panama (Panama), represented by M. Proestou, M. Velma-
chou and E. Kinini, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: R. Lyal, Triantafyllou and A. Oikonomou): Appli-
cation for annulment of Commission Decision 1999/271/EC
of 9 December 1998 relating to a proceeding pursuant to
Article 85 of the EC Treaty (IV/34.466 Greek Ferries) (OJ 1999
L 109, p. 24), the Court of First Instance (Fifth Chamber),
composed of: P. Lindh, President, R. García-Valdecasas and
J.D. Cooke, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 11 December 2003, in which it:

1.

Sets the amount of the fine imposed on Ventouris Group
Enterprises SA at EUR 252 500;

2. Dismisses the remainder of the application;

3. Orders Ventouris Group Enterprises SA to bear its own costs
and to pay three quarters of the Commission’s costs, including
its costs of
the interlocutory proceedings, and orders the
Commission to bear one quarter of its own costs.

(1) OJ C 136 of 15.5.1999.

(1) OJ C 136 of 15.5.1999.