CELEX: C2004/071/34
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court of First Instance of 11 December 2003 in Case T-56/99: Marlines SA v Commission of the European Communities (Competition Article 85(1) of the EC Treaty (now Article 81(1) EC) — Price fixing — Proof of participation in a cartel — Duration — Error of assessment of the facts)

C 71/20                 EN                        Official Journal of the European Union                                          20.3.2004
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                of 11 December 2003
                      of 11 December 2003
                                                                          in Case T-59/99: Ventouris Group Enterprises SA v
                                                                                  Commission of the European Communities (1)
in Case T-56/99: Marlines SA v Commission of the
                   European Communities (1)
                                                                          (Competition Regulation (EEC) No 4056/86 — Investi-
                                                                          gations carried out at company premises other than those of
                                                                          the company to which the investigation decision is addressed
(Competition Article 85(1) of the EC Treaty (now
                                                                          Article 85(1) of the EC Treaty (now Article 81(1) EC) —
Article 81(1) EC) — Price fixing — Proof of participation in
                                                                          Price-fixing — Proof of infringement Error of assessment
   a cartel — Duration — Error of assessment of the facts)
                                                                          of the facts — Fines — Proportionality — Mitigating
                                                                                                    circumstances)
                          (2004/C 71/34)
                                                                                                    (2004/C 71/35)
                    (Language of the case: Greek)                                             (Language of the case: Greek)
                                                                          In Case T-59/99, Ventouris Group Enterprises SA, established
                                                                          in Panama (Panama), represented by M. Proestou, M. Velma-
In Case T-56/99, Marlines SA, established in Monrovia (Libe-              chou and E. Kinini, lawyers, with an address for service in
ria), represented by D.G. Papatheofanous, lawyer, with an                 Luxembourg, v Commission of the European Communities
address for service in Luxembourg, v Commission of the                    (Agents: R. Lyal, Triantafyllou and A. Oikonomou): Appli-
European Communities (Agents: Triantafyllou and R. Lyal):                 cation for annulment of Commission Decision 1999/271/EC
Application for annulment of Commission Decision 1999/                    of 9 December 1998 relating to a proceeding pursuant to
271/EC of 9 December 1998 relating to a proceeding pursuant               Article 85 of the EC Treaty (IV/34.466 Greek Ferries) (OJ 1999
to Article 85 of the EC Treaty (IV/34.466 Greek Ferries) (OJ              L 109, p. 24), the Court of First Instance (Fifth Chamber),
1999 L 109, p. 24), the Court of First Instance (Fifth Chamber),          composed of: P. Lindh, President, R. García-Valdecasas and
composed of: J.D. Cooke, President, R. García-Valdecasas and              J.D. Cooke, Judges; J. Plingers, Administrator, for the Registrar,
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,          has given a judgment on 11 December 2003, in which it:
has given a judgment on 11 December 2003, in which it:
                                                                          1.    Sets the amount of the fine imposed on Ventouris Group
                                                                                Enterprises SA at EUR 252 500;
1.    Dismisses the action;
                                                                          2.    Dismisses the remainder of the application;
2.    Orders Marlines SA to bear its own costs and those incurred by
      the Commission, including both parties’ costs in the interlocu-     3.    Orders Ventouris Group Enterprises SA to bear its own costs
      tory proceedings.                                                         and to pay three quarters of the Commission’s costs, including
                                                                                its costs of the interlocutory proceedings, and orders the
                                                                                Commission to bear one quarter of its own costs.
(1) OJ C 136 of 15.5.1999.
                                                                          (1) OJ C 136 of 15.5.1999.