Case T-279/02: Judgment of the Court of First Instance of  5 April 2006  — Degussa v Commission (Competition — Article 81 EC — Cartels — Methionine market — Unique and continuous nature of the infringement — Fine — Guidelines for calculating the amount of fines — Gravity and duration of the infringement — Cooperation during the administrative procedure — Article 15(2) of Regulation No 17/62 — Presumption of innocence)
Date: 2006-06-03
Institutions: Court of First Instance
Subjects: action for annulment (EU), chemical industry, control of restrictive practices, fine, infringement of EU law, organic acid

3.6.2006

EN

Official Journal of the European Union

C 131/37

COURT OF FIRST INSTANCE

Assignment of Judges to Chambers

Re:

(2006/C 131/67)

At its plenary meeting on 8 May 2006, the Court of First
Instance decided, following the taking up of his duties by Mr
Moavero Milanesi, to amend as follows the decision of the
plenary meeting of 7 July 2005 on the assignment of Judges to
chambers:

Primarily, an application for annulment of Commission Deci-
sion 2003/674/EC of 2 July 2002 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement (Case C.37.519 — Methionine) (OJ 2003 L
255, p.1) and, in the alternative, an application for reduction of
the fine imposed on the applicant by this decision.

Operative part of the judgment

For the period from 8 May 2006 to 30 September 2006, the
following are assigned:

The Court:

to the Fourth Chamber (Extended Composition), sitting
with five Judges:

H. Legal, President of the Chamber, P. Lindh, I. Wiszniewska-
Bialecka, V. Vadapalas and M. Milanesi, Judges;

1. Reduces to EUR 91 125 000 the fine imposed on the applicant
by Article 3 of Commission Decision 2003/674/EC of 2 July
2002 relating to a proceeding pursuant to Article 81 of the EC
Treaty and Article 53 of the EEA Agreement (Case C.37.519 —
Methionine);

to the Fourth Chamber, sitting with three Judges:

2. Dismisses the remainder of the application;

H. Legal, President of the Chamber

(a) P. Lindh and V. Vadapalas, Judges

3. Orders the applicant to pay its own costs and 75 % of the costs

incurred by the Commission;

(b) I. Wiszniewska-Bialecka and M. Milanesi, Judges

4. Orders the Commission to pay 25 % of its own costs;

Judgment of the Court of First Instance of 5 April 2006 —
Degussa v Commission

(Case T-279/02) (1)

(Competition — Article 81 EC — Cartels — Methionine
market — Unique and continuous nature of the infringement
— Fine — Guidelines for calculating the amount of fines —
Gravity and duration of the infringement — Cooperation
during the administrative procedure — Article 15(2) of
Regulation No 17/62 — Presumption of innocence)

(2006/C 131/68)

Language of the case: German

5. Orders the Council to pay its own costs.

(1) OJ C 274 of 9.11.2002

Judgment of the Court of First Instance of 5 April 2006 —
Deutsche Bahn v Commission

(Case T-351/02) (1)

(State aid — Competitor's complaint — Directive 92/81/EEC
— Excise duties on mineral oils — Mineral oils used as fuel
for the purpose of air navigation — Exemption from duty —
Letter from the Commission to a complainant — Action for
annulment — Admissibility — Challengeable act — Regu-
lation (EC) No 659/1999 — Concept of aid — Imputability
to the State — Equal treatment)

Parties

Applicant: Degussa AG (Düsseldorf, Germany) (represented by:
R. Bechtold, M. Karl and C. Steinle, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet and W. Mölls, agents, assisted by H.-J.
Freund, lawyer)

Parties

(2006/C 131/69)

Language of the case: German

Intervener in support of the defendant: Council of the European
Union (represented by: E. Karlsson and S. Marquardt, agents)

Applicant: Deutsche Bahn (Berlin, Germany) (represented by: M.
Schütte, M. Reysen and W. Kirchhoff, then M. Schütte and M.
Reysen, lawyers)