CELEX: C1998/209/65
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-309/94: NV Koninklijke KNP BT v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Liability for the infringement - Fine - Statement of reasons)

C 209/30             EN                 Official Journal of the European Communities                                    4.7.98
   JUDGMENT OF THE COURT OF FIRST INSTANCE                         O'Keeffe, Solicitor of the Law Society of Ireland, with an
                      of 14 May 1998                               address for service in Luxembourg at the Chambers of
                                                                   Arendt & Medernach, 8Ð10 Rue Mathias Hardt, v.
in Case T-304/94: Europa Carton AG v. Commission of                Commission of the European Communities (Agents:
                the European Communities (1)                       initially, Richard Lyal and GeÂraud de Bergues, and
(Competition Ð Article 85(1) of the EC Treaty Ð Proof              subsequently Richard Lyal and Guy Charrier) Ð
of participation in collusion Ð Fine Ð Turnover Ð                  application for the annulment of Commission Decision 94/
Determination of the amount Ð Mitigating circumstances)            601/EC of 13 July 1994 relating to a proceeding under
                                                                   Article 85 of the EC Treaty (IV/C/33.833 Ð Cartonboard)
                       (98/C 209/63)                               (OJ L 243 of 19.9.1994, p. 1) Ð the Court of First
                                                                   Instance (Third Chamber, Extended Composition),
               (Language of the case: German)                      composed of: B. Vesterdorf, President, C. P. BrieÈt, P.
                                                                   Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio
                                                                   GonzaÂlez, Administrator, for the Registrar, has given a
In Case T-304/94: Europa Carton AG, established at
                                                                   judgment on 14 May 1998 in which it:
Hamburg, Germany, represented by Gerhard Wiedemann
and Wolfgang Kirchhoff, Rechtsanwälte, Düsseldorf, with
an address for service in Luxembourg at the Chambers of            1. Dismisses the application.
Alex Bonn, 7 Val Sainte-Croix v. Commission of the
European Communities (Agents: Bernd Langeheine and
Richard Lyal, subsequently by Richard Lyal and Dirk                2. Orders the applicant to pay the costs, including those
Schroeder) Ð application for annulment of Commission                    relating to the application for interim relief.
Decision 94/601/EC of 13 July 1994 relating to a
proceeding unter Article 85 of the EC Treaty (IV/C/33.833          (1) OJ C 351, 10.12.1994.
Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð the
Court (Third Chamber, Extended Composition), composed
of B. Vesterdorf, President of the Chamber, C. P. BrieÈt, P.
Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio
GonzaÂlez, Administrator, for the Registrar, has given a
judgment on 14 May 1998 in which it:
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
1. Annuls, as regards the applicant, the eighth indent of                                 of 14 May 1998
     Article 1 of Commission Decision 94/601/EC of                         in Case T-309/94: NV Koninklijke KNP BT v.
     13 July 1994 relating to a proceeding under Article 85                 Commission of the European Communities (1)
     of the EC Treaty (IV/C/33.833 Ð Cartonboard).
                                                                   (Competition Ð Article 85(1) of the EC Treaty Ð
                                                                   Liability for the infringement Ð Fine Ð Statement of
2. Dismisses the application as regards the remaining                                          reasons)
     claims.
                                                                                           (98/C 209/65)
3. Orders the applicant to pay the costs.
                                                                                   (Language of the case: Dutch)
( ) OJ C 351, 10.12.1994.
 1
                                                                   In Case T-309/94: NV Koninklijke KNP BT, established at
                                                                   Amsterdam, represented by Tom R. Ottervanger and
                                                                   Francis Herbert, advocates of the Brussels Bar, with an
                                                                   address for service in Luxembourg at the Chambers of
                                                                   Carlos Zeyen, 56Ð58 Rue Charles Martel v. Commission
   JUDGMENT OF THE COURT OF FIRST INSTANCE                         of the European Communities (Agents: Richard Lyal and
                      of 14 May 1998                               Wouter Wils) Ð application for annulment of Commission
                                                                   Decision 94/601/EC of 13 July 1994 relating to a
in Case T-308/94: Cascades SA v. Commission of the                 proceeding under Article 85 of the EC Treaty (IV/C/
                  European Communities (1)                         33.833 Ð Cartonboard, OJ 1994, L 243 of 19.9.1994,
(Competition Ð Article 85(1) of the EC Treaty Ð                    p. 1) Ð the Court (Third Chamber, Extended
Liability for unlawful conduct Ð Fine Ð Statement of               Composition), composed of B. Vesterdorf, President of the
             reasons Ð Mitigating circumstances)                   Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.
                                                                   Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the
                       (98/C 209/64)                               Registrar, has given a judgment on 14 May 1998 in which
                                                                   it:
                (Language of the case: French)
                                                                   1. Sets the amount of the fine imposed on the applicant
In Case T-308/94: Cascades SA, having its registered office             by Article 3 of Commission Decision 94/601/EC of
at Bagnolet (France), represented by Jean-Louis Fourgoux,               13 July 1994 relating to a proceeding under Article 85
Jean-Patrice de La Laurencie, Jacques Buhart, of the Paris              of the EC Treaty (IV/C/33.833 Ð Cartonboard) at
Bar, Jean-Yves Art, of the Brussels Bar, and David                      ECU 2 700 000.
 ---pagebreak--- 4.7.98                EN                 Official Journal of the European Communities                                 C 209/31
2. Dismisses the application as regards the remaining                   agreement or concerted practice which may have the
     claims.                                                            same or a similar object or effect, including any
                                                                        exchange of commercial information:
3. Orders the applicant to bear its own costs and to pay
     one-half of the Commission's costs.                                a) by which the participants are directly or indirectly
                                                                            informed of the production, sales, order backlog,
                                                                            machine utilisation rates, selling prices, costs or
4. Orders the Commission to bear one-half of its own                        marketing plans of other individual producers.
     costs.
                                                                        Any scheme for the exchange of general information
(1) OJ C 351, 10.12.1994.
                                                                        to which they subscribe, such as the Fides system or its
                                                                        successor, shall be so conducted as to exclude any
                                                                        information from which the behaviour of individual
                                                                        producers can be identified.'.
                                                                    3. Sets the amount of the fine imposed on the applicant
  JUDGMENT OF THE COURT OF FIRST INSTANCE                               by Article 3 of Decision 94/601/EC at ECU 730 000.
                       of 14 May 1998
in Case T-310/94: Gruber & Weber GmbH & Co. KG v.                   4. Dismisses the application as regards the remaining
        Commission of the European Communities (1)                      claims.
(Competition Ð Article 85(1) of the EC Treaty Ð Proof
of participation in collusion Ð Fine Ð Determination of             5. Orders the applicant and the Commission to bear their
the amount Ð Statement of reasons Ð Products                            own costs.
                concerned by the infringement)
                         (98/C 209/66)                              (1) OJ C 380, 31.12.1994.
               (Language of the case: German)
In Case T-310/94: Gruber & Weber GmbH & Co. KG,
established at Gernsbach-Obertsrot, Germany, represented
by Holger-Friedrich Wissel and Joachim Schütze,                       JUDGMENT OF THE COURT OF FIRST INSTANCE
Rechtsanwälte, Düsseldorf, with an address for service in                                 of 14 May 1998
Luxembourg at the Chambers of Marc Loesch, 11 Rue
                                                                    in Case T-311/94: BPB de Eendracht NV (formerly
Goethe v. Commission of the European Communities
                                                                    Kartonfabriek de Eendracht NV) v. Commission of the
(Agents: Bernd Langeheine, Richard Lyal and Dirk
                                                                                      European Communities (1)
Schroeder) Ð application for annulment of Commission
Decision 94/601/EC of 13 July 1994 relating to a                    (Competition Ð Article 85(1) of the EC Treaty Ð Rights
proceeding under Article 85 of the EC Treaty (IV/C/                 of the defence Ð Proof of participation in collusion Ð
33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð                Information exchange Ð Order Ð Fine Ð Statement of
the Court (Third Chamber, Extended Composition),                    reasons Ð Determination of the amount Ð Cooperation
composed of B. Vesterdorf, President of the Chamber, C. P.                      during the administrative procedure)
BrieÈt, P. Lindh, A. Potocki and J. D. Cooke, Judges; J.
Palacio GonzaÂlez, Administrator, for the Registrar, has                                    (98/C 209/67)
given a judgment on 14 May 1998 in which it:
                                                                                   (Language of the case: English)
1. Annuls, as regards the applicant, the eighth indent of
     Article 1 of Commission Decision 94/601/EC of                  In Case T-311/94: BPB de Eendracht NV, formerly
     13 July 1994 relating to a proceeding under Article 85         Kartonfabriek de Eendracht NV, established at
     of the EC Treaty (IV/C/33.833 Ð Cartonboard).                  Appingedam, Netherlands, represented by Alexandre
                                                                    Vandencasteele, of the Brussels Bar, and Gordon Boyd
                                                                    Buchanan Jeffrey, Solicitor, Liverpool, with an address for
2. Annuls, as regards the applicant, the first to fourth
                                                                    service in Luxembourg at the Chambers of Arendt &
     paragraphs of Article 2 of Commission Decision 94/
                                                                    Medernach, 8Ð10 Rue Mathias Hardt v. Commission of
     601/EC of 13 July 1994 relating to a proceeding under
                                                                    the European Communities (Agents: initially Richard Lyal
     Article 85 of the EC Treaty (IV/C/33.833 Ð
                                                                    and Rosemary Caudwell, then subsequently Richard Lyal
     Cartonboard) save and except the following passages:
                                                                    and James Flynn) Ð application for annulment of
                                                                    Commission Decision 94/601/EC of 13 July 1994 relating
     The undertakings named in Article 1 shall forthwith           to a proceeding under Article 85 of the EC Treaty (IV/C/
     bring the said infringement to an end, if they have not        33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1), the
     already done so. They shall henceforth refrain in              Court (Third Chamber, Extended Composition), composed
     relation to their cartonboard activities from any              of B. Vesterdorf, President of the Chamber, C. P. BrieÈt,