CELEX: C2004/118/23
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 29 April 2004 in Case C-359/01 P: British Sugar plc v Tate & Lyle plc, Napier Brown & Co. Ltd and Commission of the European Communities (Appeal — Competition — Sugar market — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Agreement — Effect on trade between Member States — Fine — Proportionality)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/13
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 29 April 2004
   in Case C-359/01 P: British Sugar plc v Tate & Lyle plc, Napier Brown & Co. Ltd and Commission of the European Communities (1)
   
   (Appeal - Competition - Sugar market - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Agreement - Effect on trade between Member States - Fine - Proportionality)
   (2004/C 118/23)
   Language of the case: English
   In Case C-359/01 P: appeal by British Sugar plc, established in Peterborough (United Kingdom), (Lawyers: T. Sharpe QC and D. Jowell, barrister, and A. Nourry, solicitor) against the judgment of the Court of First Instance of the European Communities (Fourth Chamber) of 12 July 2001 in Joined Cases T-202/98, T-204/98 and T-207/98 Tate & Lyle and Others v Commission [2001] ECR II-2035, seeking the annulment of that judgment, the other parties to the proceedings being: Tate & Lyle plc, established in London (United Kingdom), Napier Brown & Co. Ltd, established in London (United Kingdom), applicants at first instance, Commission of the European Communities (Agents: K. Wiedner, assisted by N. Khan, barrister) — the Court (Fifth Chamber), composed of: P. Jann, acting for the President of the Fifth Chamber, C.W.A Timmermans and S. von Bahr (Rapporteur), Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it:
   
               1)
            
            
               Dismisses the appeal;
            
         
               2)
            
            
               Orders British Sugar plc to pay the costs.
            
         
      (1)  OJ C 317, 10.11.2001.