Case T-30/05: Judgment of the Court of First Instance of 12 September 2007 — Prym and Prym Consumer v Commission (Competition — Cartels — European haberdashery market (needles) — Product market sharing — Geographic market sharing — Fine — Guidelines on the method of setting fines — Duty to state reasons — Gravity and duration of the infringement — Leniency notice)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), control of restrictive practices, fine, haberdashery, rights of the defence

20.10.2007

EN

Official Journal of the European Union

C 247/29

Judgment of the Court of First Instance of 12 September
2007 — Commission v Trends

Judgment of the Court of First Instance of 12 September
2007 — Prym and Prym Consumer v Commission

(Case T-449/04) (1)

(Case T-30/05) (1)

(Arbitration clause — Second Framework Programme for
technological development and demonstration —
research,
Contracts involving projects in the field of road transport
informatics and telecommunications — Lack of supporting
documents for part of the declared expenses — Termination of
contracts — Expired contracts)

(Competition — Cartels — European haberdashery market
(needles) — Product market sharing — Geographic market
sharing — Fine — Guidelines on the method of setting fines
— Duty to state reasons — Gravity and duration of the
infringement — Leniency notice)

(2007/C 247/45)

Language of the case: Greek

(2007/C 247/46)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia, Agent, and by K. Kapoutzidou and
S. Chatzigiannis, lawyers)

Defendant:
(Trends)
V. Vlassi, lawyers)

Transport
(Athens, Greece)

Environment Development

Systems
(represented by: V. Christianos and

Re:

Application by the Commission under an arbitration clause
within the meaning of Article 238 EC seeking an order that
Trends reimburse the Commission in the sum of EUR 195 435
plus contractual
in the alternative, plus default
interest.

interest or,

Operative part of the judgment

1. The action is dismissed;

2. The interlocutory application is dismissed;

Parties

Applicants: William Prym GmbH & Co. KG (Stolberg, Germany)
and Prym Consumer GmbH & Co. KG (Stolberg) (represented
by: H. Meyer-Lindemann, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and K. Mojzesowicz, acting as
Agents)

Re:

Application, principally, for annulment of Commission Decision
C(2004) 4221 final of 26 October 2004 relating to a
proceeding under Article 81 [EC] (Case COMP/F-1/38.338 —
PO/Needles) in so far as it relates to the applicants, and, in the
alternative, for annulment or reduction of the fine imposed on
the applicants.

Operative part of the judgment

3. The Commission is ordered to pay the costs except for those arising

from the interlocutory application;

The Court:

4. Transport Environment Development Systems (Trends) is ordered to

pay the costs of the interlocutory application.

(1) OJ C 184, 2.8.2003 (formerly Case C-249/03).

1. Sets the amount of the fine imposed on William Prym GmbH &
Co. KG and Prym Consumer GmbH & Co. KG under Article 2 of
Commission Decision C(2004) 4221 final of 26 October
2004 relating to a proceeding under Article 81 [EC] (Case
COMP/F-1/38.338 — PO/Needles) at EUR 27 million;

2. Dismisses the remainder of the application;

C 247/30

EN

Official Journal of the European Union

20.10.2007

3. Orders William Prym and Prym Consumer to bear 90 % of their
own costs and to pay 90 % of the costs incurred by the Commis-
sion, and the Commission to bear 10 % of its own costs and to
the costs incurred by William Prym and Prym
pay 10 % of
Consumer.

(1) OJ C 106 of 30.4.2005.

2. Sets the amount of

the fine imposed on the applicants under

Article 2 of the Decision at EUR 20 million;

3. Dismisses the remainder of the application;

4. Orders the applicants to bear two thirds of their own costs and to
pay two thirds of the costs incurred by the Commission, and the
Commission to bear one third of its own costs and to pay one third
of the costs incurred by the applicants.

(1) OJ C 93, 16.4.2005.

Judgment of the Court of First Instance of 12 September
2007 — Coats Holdings and Coats v Commission

(Case T-36/05) (1)

(Competition — Cartels — European haberdashery market
(needles) — Product market sharing — Geographic market
sharing — Assessment of evidence — Participation in meet-
ings — Tripartite agreement — Fine — Gravity and duration
of the infringement — Attenuating circumstances)

(2007/C 247/47)

Language of the case: English

Parties

Applicants: Coats Holdings Ltd (Uxbridge, Middlesex, United
Kingdom) and J & P Coats Ltd (Uxbridge)
(represented by:
W. Sibree and C. Jeffs, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and K. Mojzesowicz, Agents)

Re:

Application, principally, for annulment of Commission Decision
C(2004) 4221 final of 26 October 2004 relating to a
proceeding under Article 81 [EC] (Case COMP/F-1/38.338 —
PO/Needles) and, in the alternative, for annulment or reduction
of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2004) 4221 final of 26 October
2004 relating to a proceeding under Article 81 [EC] (Case
COMP/F-1/38.338 — PO/Needles) in so far as the Decision
finds that the applicants infringed Article 81(1) EC after 13 March
1997;

Judgment of the Court of First Instance (Second Chamber)
of 12 September 2007 — UFEX and Others v Commission
of the European Communities

(Case T-60/05) (1)

express

(Competition — Abuse of a dominant position — Interna-
tional
courier market — Decision dismissing
complaint — Annulment by Community judicature of decision
dismissing complaint — Re-examination and dismissal anew
of complaint — Public undertaking)

(2007/C 247/48)

Language of the case: French

Parties

(Roissy-en-
Applicants: Union française de l'express
France, France), DHL Express (France) SAS,
formerly DHL
International SA (Roissy-en-France); Federal express international
(France) SNC (Gennevilliers, France); and CRIE SA,
(Asnières,
France) (represented by: É. Morgan de Rivery and J. Derenne,
lawyers)

(UFEX)

Defendant: Commission of the European Communities (repre-
sented initially by A. Bouquet and O. Beynet,
then by A.
Bouquet and V. Di Bucci, agents)

Interveners in support of the defendant: Chronopost SA, (Issy-les-
Moulineaux, France), represented by D. Berlin,
lawyer and La
Poste, (Paris, France), represented by H. Lehman, lawyer

Re:

of Commission

(2004)
Annulment
D/205294 of 19 November 2004 rejecting the action brought
by the applicants against La Poste and the French Government
concerning the international express courier market in France.

SG-Greffe

decision