CELEX: C2006/131/68
Language: en
Date: 2006-06-03 00:00:00
Title: Case T-279/02: Judgment of the Court of First Instance of  5 April 2006  — Degussa v Commission (Competition — Article 81 EC — Cartels — Methionine market — Unique and continuous nature of the infringement — Fine — Guidelines for calculating the amount of fines — Gravity and duration of the infringement — Cooperation during the administrative procedure — Article 15(2) of Regulation No 17/62 — Presumption of innocence)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/37
            
         Judgment of the Court of First Instance of 5 April 2006 — Degussa v Commission
   (Case T-279/02) (1)
   
   (Competition - Article 81 EC - Cartels - Methionine market - Unique and continuous nature of the infringement - Fine - Guidelines for calculating the amount of fines - Gravity and duration of the infringement - Cooperation during the administrative procedure - Article 15(2) of Regulation No 17/62 - Presumption of innocence)
   (2006/C 131/68)
   Language of the case: German
   Parties
   
      Applicant: Degussa AG (Düsseldorf, Germany) (represented by: R. Bechtold, M. Karl and C. Steinle, lawyers)
   
      Defendant: Commission of the European Communities (represented by: A. Bouquet and W. Mölls, agents, assisted by H.-J. Freund, lawyer)
   Intervener in support of the defendant: Council of the European Union (represented by: E. Karlsson and S. Marquardt, agents)
   Re:
   Primarily, an application for annulment of Commission Decision 2003/674/EC of 2 July 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case C.37.519 — Methionine) (OJ 2003 L 255, p.1) and, in the alternative, an application for reduction of the fine imposed on the applicant by this decision.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Reduces to EUR 91 125 000 the fine imposed on the applicant by Article 3 of Commission Decision 2003/674/EC of 2 July 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case C.37.519 — Methionine);
            
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders the applicant to pay its own costs and 75 % of the costs incurred by the Commission;
            
         
               4.
            
            
               Orders the Commission to pay 25 % of its own costs;
            
         
               5.
            
            
               Orders the Council to pay its own costs.
            
         
      (1)  OJ C 274 of 9.11.2002