Case T-26/02: Judgment of the Court of First Instance (Fourth Chamber) of  15 March 2006  — Daiichi Pharmaceutical v Commission (Competition — Cartels in the vitamin products sector — Guidelines on the method of setting fines — Determination of the starting amount of the fine — Attenuating circumstances — Leniency Notice)
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, market-sharing agreement, pharmaceutical industry, restrictive trade practice

C 108/16

EN

Official Journal of the European Union

6.5.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance (First Chamber) of
15 March 2006 — BASF AG v Commission

(Case T-15-02) (1)

3) Orders the applicant to bear four fifths of its own costs and four
fifths of the costs incurred by the Commission and the Commis-
sion to bear one fifth of its own costs and to pay one fifth of the
costs incurred by the applicant.

(Competition — Cartels in the vitamin products sector —
Rights of the defence — Guidelines on the method of setting
fines — Determination of the starting amount of the fine —
Deterrent effect — Aggravating circumstances — Role of
leader or instigator — Cooperation during the administrative
procedure — Professional secrecy and principle of sound
administration)

(1) OJ C 109, 4.5.2002

(2006/C 108/25)

Language of the case: English

Parties

Applicant(s): BASF AG (Ludwigshafen, Germany)
(represented
by: N. Levy, J. Temple-Lang, Solicitor, R. O'Donoghue, Barrister
and C. Federsen, Solicitor)

Defendant(s): Commission of the European Communities (repre-
sented by: R. Wainwright and L. Pignataro-Nolin, Agents)

Application for

reduction of

APPLICATION for annulment or
the fines
imposed on the applicant by Article 3(b) of Commission Deci-
sion 2003/2/EC of 21 November 2001 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement
(OJ
2003 L 6, p. 1),

(Case COMP/E-1/37.512 — Vitamins)

Operative part of the judgment

1) Sets the amount of the fines imposed on the applicant in respect
of the infringements relating to vitamins C and D3, beta-carotene
and carotinoids by Article 3(b) of Commission Decision
2003/2/EC of 21 November 2001 relating to a proceeding
under Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case COMP/E-1/37.512 — Vitamins) as follows:

— infringement relating to vitamin C: EUR 10,875 million;

— infringement relating to vitamin D3: EUR 5,6 million;

— infringement relating to beta-carotene: EUR 16 million;

— infringement relating to carotinoids: EUR 15,5 million;

2) Dismisses the remainder of the application;

Judgment of the Court of First Instance (Fourth Chamber)
of 15 March 2006 — Daiichi Pharmaceutical v Commis-
sion

(Case T-26/02) (1)

(Competition — Cartels in the vitamin products sector —
Guidelines on the method of setting fines — Determination
of the starting amount of the fine — Attenuating circum-
stances — Leniency Notice)

(2006/C 108/26)

Language of the case: English

Parties

Applicant: Daiichi Pharmaceutical Co. Ltd (Tokyo, Japan) (repre-
sented by: J.Buhart and P.-M.Louis, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: R.Wainwright and L.Pignataro-Nolin, agents)

Re:

APPLICATION for annulment or reduction of the fine imposed
on the applicant by Article 3(f) of Commission Decision
2003/2/EC of 21 November 2001 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
(OJ
EEA Agreement
2003 L 6, p. 1),

(Case COMP/E-1/37.512 — Vitamins)

Operative part of the judgment

The Court:

1) Reduces to EUR 18 000 000 the fine imposed on the applicant
by Article 3(f) of Commission Decision 2003/2/EC of 21
November 2001 relating to a proceeding pursuant to Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Case
COMP/E-1/37.512 — Vitamins);

6.5.2006

EN

Official Journal of the European Union

C 108/17

2) Dismisses the remainder of the application;

2. Orders the applicant to pay the costs, except those incurred by the

3) Orders the applicant to bear four fifths of its own costs and to pay
four fifths of
the costs incurred by the Commission and the
Commission to bear one fifth of its own costs and to pay one fifth
of the costs incurred by the applicant.

(1) OJ C 97, 30.4.2002

intervener;

3. Orders the intervener to bear its own costs.

(1) OJ 2003 C 6, of 8.1.2005

Judgment of the Court of First Instance of 16 March 2006
— Telefon & Buch v OHIM

(Case T-322/03) (1)

(Community trade mark — Admissibility of the action —
Unforeseeable circumstances — Application for a declaration
of invalidity — Article 51(1)(a) of Regulation (EC) No 40/94
— Word mark WEISSE SEITEN — Absolute grounds for
refusal — Article 7(1)(b) to (d) of Regulation No 40/94)

Judgment of the Court of First Instance of 15 March 2006
— Herbillon v Commission

(Case T-411/03) (1)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

(2006/C 108/28)

Language of the case: French

(2006/C 108/27)

Language of the case: German

Parties

Parties:

Applicant: Telefon & Buch Verlagsgesellschaft mbH (Salzburg,
Austria) (represented by: H. Zeiner and M. Baldares del Barco,
lawyers)

Applicant: Georges Herbillon (Arlon, Belgium) (represented by:
N. Lhoëst and E. De Schietere de Lophem, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and C. Berardis-Kayser, acting as
Agents)

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

Re:

Other party or parties to the proceedings before the Board of Appeal
of OHIM, intervener before the Court of First Instance: Herold Busi-
ness Data GmbH & Co.KG (Mödling, Austria) (represented by:
A. Lensing-Kramer, C. von Nussbaum and U.Reese, lawyers)

Application for, firstly, annulment of the Commission's deci-
sion of 20 December 2002, setting the applicant's final classifi-
cation at Grade A7, step 3, and, secondly, annulment of the
Commission's decision of 29 July 2003, rejecting the appli-
cant's complaint.

Action

Operative part of the judgment

brought against the decision of the First Board of Appeal of
OHIM of 19 June 2003 (Joined Cases R 580/2001-1 and R
592/2001-1) relating to invalidity proceedings between Herold
Business Data AG and Telefon & Buch Verlagsgesellschaft
mbH,

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 35, 7.2.2004.