Case T-112/05: Judgment of the Court of First Instance of 12 December 2007 — Akzo Nobel and Others v Commission (Competition — Cartels in the vitamin products sector — Choline chloride (Vitamin B4) — Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area — Attributability of the infringement)
Date: 2007-12-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, unlawful agreement

26.1.2008

EN

Official Journal of the European Union

C 22/41

Re:

Operative part of the judgment

the decision of

Action brought against
the First Board of
Appeal of OHIM of 7 December 2004 (Case R 328/2004-1),
relating to opposition proceedings between K & L Ruppert Stif-
tung & Co. Handels-KG and Natália Cristina Lopes de Almeida
Cunha, Cláudia Couto Simões and Marly Lima Jatobá

The Court:

1. Disjoins Case T-112/05 Akzo Nobel and Others v Commission
from Cases T-101/05 and T-111/05 for the purposes of the judg-
ment;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, K & L Ruppert Stiftung & Co. Handels-KG,

to pay the costs.

(1) OJ C 155, 25.6.2005.

Judgment of the Court of First Instance of 12 December
2007 — BASF and UCB v Commission

2. Annuls Article

of

and

1(b)

Commission Decision
(f)
2005/566/EC of 9 December 2004 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case COMP/E-2/37.533 — Choline Chloride) in so far as it
makes a finding of infringement against BASF AG and UCB SA
during the period before 29 November 1994 in BASF's case and
before 14 March 1994 in UCB's case;

3. In Case T-101/05,
EUR 35,024 million;

4. In Case T-111/05,
EUR 1,870 million;

sets

the

fine

imposed on BASF at

sets

the

fine

imposed

on UCB at

5. Dismisses the remainder of the applications;

6. In Case T-101/05, orders the parties to bear their own costs;

7. In Case T-111/05, orders the Commission, in addition to bearing

its own costs, to pay 90 % of the costs incurred by UCB.

(Joined Cases T-101/05 and T-111/05) (1)

(1) OJ C 115, 14.5.2005.

(Competition — Agreements, decisions and concerted practices
in the vitamin products sector — Choline chloride (vitamin
B4) — Decision finding an infringement of Article 81 EC and
Article 53 of the Agreement on the European Economic Area
— Fines — Deterrence — Repeat infringement — Coopera-
tion during the administrative procedure — Single and contin-
uous infringement)

(2008/C 22/75)

Languages of the case: English and French

Parties

Applicants: BASF AG (Ludwigshafen, Germany) (represented by:
N. Levy, Barrister, J. Temple Lang, Solicitor, and C. Feddersen,
Lawyer) and UCB SA (Brussels, Belguim)
(represented by J.
Bourgeois, J.-F. Bellis and M. Favart, Lawyers)

Judgment of the Court of First Instance of 12 December
2007 — Akzo Nobel and Others v Commission

(Case T-112/05) (1)

(Competition — Cartels in the vitamin products sector —
Choline chloride (Vitamin B4) — Decision finding an infrin-
gement of Article 81 EC and Article 53 of the Agreement on
the
the European Economic Area — Attributability of

infringement)

(2008/C 22/76)

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: in Case T-101/05 A. Whelan and F. Amato and in
Case T-111/05 initially O. Beynet and F. Amato, and subse-
quently X. Lewis and F. Amato, Agents)

Parties

Re:

Application for annulment or reduction of the fines imposed on
the applicants by the Commission Decision of 9 December
2004 relating to a proceeding under Article 81 [EC] and
Article 53 of the EEA Agreement (Case COMP/E-2/37.533 —
Choline chloride)
(summary published in OJ 2005 L 190,
p. 22).

Applicants: Akzo Nobel
(Arnhem, Netherlands), Akzo Nobel
Nederland BV (Arnhem), Akzo Nobel Chemicals International
BV (Amersfoort, Netherlands), Akzo Nobel Chemicals BV
(Amersfoort),
BV
(Amersfoort) (represented by: initially C. Swaak and J. de Gou,
and subsequently C. Swaak, M. van der Woude and M. Mollica,
Lawyers)

Akzo Nobel

Functional

Chemicals

Defendant: Commission of the European Communities (repre-
sented by: A. Whelan and F. Amato, Agents)

C 22/42

EN

Official Journal of the European Union

26.1.2008

Re:

for

annulment

Application
Commission Decision
2005/566/EC of 9 December 2004 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case COMP/E 2/37.533 — Choline
(summary
published in OJ 2005 L 190, p. 22).

chloride)

of

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel
Chemicals International BV, Akzo Nobel Chemicals BV and Akzo
Nobel Functional Chemicals BV to pay the costs.

(1) OJ C 143, 11.6.2005.

Judgment of the Court of First Instance of 13 December
2007 — Angelidis v Parliament

(Case T-113/05) (1)

(Staff cases — Officials — Filling an A2 post — Rejection of
candidature — Breach of essential procedural requirements —
Action for annulment — Action for damages)

(2008/C 22/77)

Language of the case: French

Parties

Applicant: Angel Angelidis (Luxembourg, Luxembourg)
sented by: É. Boigelot, lawyer)

(repre-

Defendant: European Parliament (represented by: A. Bencomo
Weber, J. F. de Wachter and A. Lukošiūtė, agents)

Re:

First, application for annulment of the decision of the European
Parliament to reject the candidature of the applicant for the post
of Director of the ‘Budgetary Affairs’ Directorate of the Directo-
rate-General for Committees responsible for the internal policies
of the Parliament and to appoint another candidate to the post
and, second, an application for damages to compensate for the
damage allegedly suffered by the applicant as a result of the
rejection of his candidature.

Operative part of the judgment

The Court:

1. Annuls the decision of the Bureau of the European Parliament of
25 February 2004 appointing Mr Alfredo De Feo to the position

of Director of Budgetary Affairs of
for
Committees responsible for the internal policies of the European
Parliament.

the Directorate-General

2. Dismisses the remainder of the action;

3. Orders the Parliament to pay the costs.

(1) OJ C 115, 14.5.2005.

Judgment of the Court of First Instance of 12 December
2007 — Italy v Commission

(Case T-308/05) (1)

funds — Co-financing — Regulations

(Structural
(EC)
No 1260/1999 and (EC) No 448/2004 — Conditions
concerning the eligibility of payments on account made by
national bodies within the framework of State aid schemes —
Proof of use of the funds by the final beneficiary — Actions
for annulment — Challengeable act)

(2008/C 22/78)

Language of the case: Italian

Parties

Applicant:
Italian Republic (represented by:
Cingolo, and subsequently by P. Gentili, avvocati dello Stato)

initially by A.

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and M. Velardo, Agents, assisted by G.
Faedo, avocat)

Re:

Annulment of the Commission decisions allegedly contained in
Commission letters No 5272 of 7 June 2005, No 5453 of
8 June 2005, Nos 5726 and 5728 of 17 June 2005 and
No 5952 of 23 June 2005.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 257, 15.10.2005.