CELEX: C2000/149/81
Language: en
Date: 2000-05-27 00:00:00
Title: Removal from the register of Case T-599/97

C 149/44              EN                   Official Journal of the European Communities                                 27.5.2000
The applicant raises five main pleas:                                     applicant to be heard on the conclusion reached at recital
                                                                          164 of the contested decision.
— The evidence does not support the finding that there was
                                                                      — No fine should have been imposed on the applicant;
   an EU/Japan agreement which prohibited sales by Japanese
   producers in the domestic territories of the European                  alternatively, the fine imposed should be substantially
   producers. Nor is there evidence that the Japanese pro-                reduced.
   ducers were party to any agreement including a prohibition
   on sales by the European producers in their domestic
   territories.
                                                                             Removal from the register of Case T-599/97 (1)
— Even if there was sufficient evidence to establish an
                                                                                             (2000/C 149/81)
   infringement, the infringement is of a considerably narrow-
   er scope than is found in the decision.
                                                                                        (Language of the case: English)
— The evidence does not support the finding that the
   restrictions in the EU agreement were the inevitable and           By order of 17 January 2000, the President of the Second
   necessary consequence of the EU/Japan agreement.                   Chamber of the Court of First Instance of the European
                                                                      Communities has ordered the removal from the register of
— The Commission has infringed Article 56 of the EEA                  Case T-599/97: Swedish Match Advertising Products NV/SA v
   Agreement by initiating its own investigation prior to the         Council of the European Union.
   formal transfer of the file from the EFTA Surveillance
   Authority. Furthermore, it has breached the right of the           (1) OJ C 55 of 20.2.1998.