CELEX: C1998/209/74
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Joined Cases T-339/94, T-340/94, T-341/94 and T-342/94: Metsä-Serla Oy and Others v. Commission of the European Communities (Article 15(2) of Regulation No 17 - Joint and several liability for payment of the fine)

4.7.98                  EN                 Official Journal of the European Communities                                    C 209/35
Wolter, 11 Rue Goethe, v. Commission of the European                  Mills Ltd, established at Valkeakoski, Finland, Tampella
Communities (Agents: Bernd Langeheine, Richard Lyal                   Corporation, established at Tampere, Finland, Oy Kyro
and Dirk Schroeder) Ð application for annulment of                    AB, established at Kyröskoski, Finland, represented
Commission Decision 94/601/EC of 13 July 1994 relating                initially by Hans Hellmann and Hans-Joachim Voges,
to a proceeding under Article 85 of the EC Treaty (IV/C/              Rechtsanwälte, Cologne, then by Hans Hellmann and
33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð                  Hans-Joachim Hellmann, Rechtsanwälte, Karlsruhe, with
the Court (Third Chamber, Extended Composition),                      an address for service in Luxembourg at the Chambers of
composed of B. Vesterdorf, President of the Chamber, C. P.            Loesch and Wolter, 11 Rue Goethe v. Commission of the
BrieÈt, P. Lindh, A. Potocki, and J. D. Cooke, Judges; J.             European       Communities      (Agents:   initially    Bernd
Palacio GonzaÂlez, Administrator, for the Registrar, has              Langeheine and Richard Lyal, then by Richard Lyal and
given a judgment on 14 May 1998 in which it:                          Dirk Schroeder) Ð application for annulment of
                                                                      Commission Decision 94/601/EC of 13 July 1994 relating
1. Annuls, as regards the applicant, the first to fourth              to a proceeding under Article 85 of the EC Treaty (IV/C/
     paragraphs of Article 2 of Commission Decision 94/               33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð
     601/EC of 13 July 1994 relating to a proceeding under            the Court (Third Chamber, Extended Composition),
     Article 85 of the EC Treaty (IV/C/33.833 Ð                       composed of: B. Vesterdorf, President of the Chamber,
     Cartonboard) save and except the following passages:             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:
     The undertakings named in Article 1 shall forthwith
     bring the said infringement to an end, if they have not
     already done so. They shall henceforth refrain in                1. Dismisses the applications as unfounded in so far as
     relation to their cartonboard activities from any                     they seek annulment of Commission Decision 94/601/
     agreement or concerted practice which may have the                    EC of 13 July 1994 relating to a proceeding under
     same or a similar object or effect, including any                     Article 85 of the EC Treaty (IV/C/33.833 Ð
     exchange of commercial information:                                   Cartonboard).
     (a) by which the participants are directly or
           indirectly informed of the production, sales, order        2. Dismisses the applications as inadmissible in so far as
           backlog, machine utilisation rates, selling prices,             they seek reduction of the fine imposed by Article 3 of
           costs or marketing plans of other individual                    that decision.
           producers.
     Any scheme for the exchange of general information               3. Orders the applicants to pay the costs.
     to which they subscribe, such as the Fides sytem or its
     successor, shall be so conducted as to exclude any               (1) OJ C 386, 31.12.1994.
     information from which the behaviour of individual
     producers can be identified.'.
2. Dismisses the application as regards the remaining
     claims.
3. Orders the applicant to pay the costs.                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 14 May 1998
(1) OJ C 380, 31.12.1994.
                                                                      in Case T-347/94: Mayr-Melnhof Kartongesellschaft mbH
                                                                             v. Commission of the European Communities (1)
                                                                      (Competition Ð Article 85(1) of the EC Treaty Ð
                                                                      Concept of agreement Ð Information exchange Ð Order
                                                                      Ð Fine Ð Determination of the amount Ð Statement of
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             reasons Ð Extenuating circumstances Ð Rights of the
                         of 14 May 1998                               defence Ð Cooperation during the administrative
                                                                                procedure Ð Principle of equal treatment)
in Joined Cases T-339/94, T-340/94, T-341/94 and
T-342/94: Metsä-Serla Oy and Others v. Commission of                                          (98/C 209/75)
                  the European Communities (1)
(Article 15(2) of Regulation No 17 Ð Joint and several                                (Language of the case: German)
                liability for payment of the fine)
                           (98/C 209/74)                              In Case T-347/94: Mayr-Melnhof Kartongesellschaft mbH,
                                                                      established at Vienna, represented initially by Otfried
                (Language of the case: German)                        Lieberknecht,       Burkhard     Richter,  Klaus       Benner,
                                                                      Rechtsanwälte, Düsseldorf, and by Michel Waelbroeck
In Joined Cases T-339/94, T-340/94, T-341/94 and T-342/               and Denis Waelbroeck, of the Brussels Bar, with an
94: Metsä-Serla Oy, established at Helsinki, United Paper             address for service in Luxembourg at the Chambers of