Case T-64/02: Judgment of the Court of First Instance of  29 November 2005  — Heubach v Commission (Competition — Article 81 EC — Cartel — Zinc phosphate market — Fine — Guidelines on the method of setting fines — Action for annulment — Objection of illegality — Article 15(2) of Regulation No 17 — Gravity of the infringement — Principles of proportionality and equal treatment — Statement of reasons)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, fine, offence, restriction on competition

11.2.2006

EN

Official Journal of the European Union

C 36/29

Judgment of the Court of First Instance of 29 November
2005 — SNCZ v Commission

Defendant(s): Commission of the European Communities (repre-
sented by: F. Castillo de la Torre, Agent)

(Case T-52/02) (1)

(Competition — Article 81 EC — Cartel — Zinc phosphate
market — Fine — Article 15(2) of Regulation No 17 —
Principles of proportionality and equal treatment — Action
for annulment)

(2006/C 36/61)

Language of the case: French

Application for

partial annulment of Decision 2003/437/EC relating to a
proceeding under Article 81 of the EC Treaty and Article 53 of
the EEA Agreement (Case COMP/E-1/37.027 — Zinc phos-
phate) (OJ 2002 L 153, p. 1) and, in the alternative, for reduc-
tion of the amount of the fine imposed on the applicant,

Parties

Applicant(s): Société nouvelle des couleurs zinciques SA (SNCZ)
(represented by: R. Saint-Esteben and H.
(Bouchain, France)
Calvet, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and F. Lelievre, and subse-
quently by F. Castillo de la Torre and O. Beynet, Agents)

Operative part of the judgment

The Court:

1) Dismisses the application;

Application for

the annulment of Decision 2003/437/EC of 11 December
2001 relating to a proceeding under Article 81 of the EC
Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/
37.027 — Zinc phosphate) (OJ 2003 L 153, p. 1) and, in the
alternative, for reduction of the amount of the fine imposed on
the applicant

2) Orders the applicant to pay the costs, including those of the appli-

cation for interim measures.

(1) OJ C 131, 1.6.2002.

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant to pay the costs.

(1) OJ C 109, 4.5.2002.

Judgment of the Court of First Instance of 29 November
2005 — Union Pigments v Commission

(Case T-62/02) (1)

(Competition — Article 81 EC — Cartel — Zinc phosphate
market — Fine — Article 15(2) of Regulation No 17 —
Gravity and duration of the infringement — Principles of
proportionality and equal treatment — Action for annul-
ment)

(2006/C 36/62)

Language of the case: English

Judgment of the Court of First Instance of 29 November
2005 — Heubach v Commission

(Case T-64/02) (1)

(Competition — Article 81 EC — Cartel — Zinc phosphate
market — Fine — Guidelines on the method of setting fines
— Action for annulment — Objection of illegality — Article
15(2) of Regulation No 17 — Gravity of the infringement —
Principles of proportionality and equal treatment — State-
ment of reasons)

(2006/C 36/63)

Language of the case: German

Parties

Applicant(s): Dr Hans Heubach GmbH & Co. KG (Langelsheim,
Germany) (represented by: F. Montag and G. Bauer, lawyers)

Parties

Applicant(s): Union Pigments AS (Bergen, Norway) (represented
by: J. Magne Langseth and T. Olavson Laake, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: F. Castillo de la Torre, acting as Agent, assisted by H.
J. Freund, lawyer)

C 36/30

EN

Official Journal of the European Union

11.2.2006

Application for

partial annulment of Commission Decision 2003/437/EC of
11 December 2001 relating to a proceeding under Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Case
COMP/E-1/37.027 — Zinc phosphate) (OJ 2003 L 153, p. 1)
and, in the alternative, for reduction of the amount of the fine
imposed on the applicant

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant to pay the costs.

(1) OJ C 144, 15.6.2002.

Judgment of the Court of First Instance of 30 November
2005 — Almdudler-Limonade v OHIM

(Case T-12/04) (1)

(Community trade mark — Three-dimensional mark —
Shape of a lemonade bottle — Refusal to register — Article
7(1)(b) of Regulation (EC) No 40/94)

(2006/C 36/65)

Language of the case: German

Parties

Judgment of the Court of First Instance of 30 November
2005 — Vanlangendonck v Commission

Applicant: Almdudler-Limonade A. & S. Klein (Vienna, Austria)
(represented by: G. Schönherr, lawyer)

(Case T-361/03) (1)

(Officials — Open competition — Non-inclusion on the
reserve list — Infringement of the competition notice —
Equality of treatment)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: G. Schneider,
Agent)

(2006/C 36/64)

Language of the case: French

Action

Parties

Applicant(s):
(represented by: B. Laurent, lawyer)

Philippe Vanlangendonck (Overijse, Belgium)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent)

Application for

Annulment of the decision of the selection board in competi-
tion COM/A/10/01 not to include the applicant on the reserve
list of that competition and for damages

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 7, 10.1.2004.

brought against the decision of the Second Chamber of the
Board of Appeal of OHIM of 5 November 2003 (Case R
490/2003-2) in relation to the registration of a three-dimen-
sional mark in the shape of a lemonade bottle

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 106, 30.4.2004.