Case T-38/02: Judgment of the Court of First Instance of  25 October 2005  — Groupe Danone v Commission (Competition — Agreements and concreted practices — Fines — Guidelines for the calculation of the amount of fines — Communication on cooperation)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), beer, beverage industry, food industry, restrictive trade practice, retail selling

C 330/16

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Commission of the European Communities (repre-
sented by: K.-D. Borchardt and V. Kreuschitz, Agents, assisted
by C. Koenig)

Defendant(s): Commission of the European Communities (repre-
sented by: A. Bouquet and W. Wils, Agents)

in support of

Intervener(s)
Germany (represented by: W.-D. Plessing and T.
Agents, assisted by R. Bierwagen, lawyer)

the applicant(s): Federal Republic of
Jürgensen,

in support of

the defendant(s): ODS Optical Disc
Intervener(s)
Service GmbH (Hamburg, Germany) (represented by: I. Brinker
and U. Soltész, lawyers)

Application for

annulment of Commission Decision 2003/569/EC of 5
December 2001 relating to a proceeding under Article 81 of
the EC Treaty (Case IV/37.614/F3 PO/Interbrew and Alken-
Maes) (OJ 2003 L 200, p. 1) and, as a subsidiary plea, a reduc-
tion in the fine imposed on the applicant under Article 2 of
that decision.

Application for

annulment of Commission Decision 2000/796/EC of 21 June
2000 on State aid granted by Germany to CDA Compact Disc
Albrechts GmbH, Thuringia (OJ 2000 L 318, p. 62).

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Sets

the amount of

the

fine

imposed on the applicant at

EUR 42,4125 million;

2. Dismisses the remainder of the action;

1. Annuls Article 2(3) of Commission Decision 2000/796/EC of
21 June 2000 on State aid granted by Germany to CDA
Compact Disc Albrechts GmbH, Thuringia;

3. Orders the applicant to bear its own costs and three-quarters of
those incurred by the Commission. The Commission shall bear a
quarter of its own costs.

2. Declares that there is no longer any need to adjudicate on the

remainder of the action for annulment;

(1) OJ C 97, 20.4.2002.

3. Orders the Commission to bear its own costs and the costs of
CDA Datenträger Albrechts GmbH. The Federal Republic of
Germany and ODS Optical Disc Service GmbH are to bear their
own costs.

(1) OJ 2000 C 355.

Judgment of the Court of First Instance of 25 October
2005 — Salvador García v Commission

Judgment of the Court of First Instance of 25 October
2005 — Groupe Danone v Commission

(Case T-38/02) (1)

(Competition — Agreements and concreted practices — Fines
— Guidelines for the calculation of the amount of fines —
Communication on cooperation)

(Case T-205/02) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State or for an international organi-
sation — Meaning of ‘habitually reside’ — Statement of
reasons)

(2005/C 330/41)

Language of the case: Spanish

(2005/C 330/40)

Language of the case: French

Parties

Parties

Applicant(s): Groupe Danone (Paris, France) (represented by: A.
Winckler and M. Waha, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by J. Rivas Andrés and J.
Gutiérrez Gisbert, lawyers)

Applicant(s): Beatriz Salvador García (Brussels, Belgium) (repre-
sented by: J. García-Gallardo Gil-Fournier, J. Guillem Carrau, D.
Domínguez Pérez and A. Sayagués Torres, lawyers)