CELEX: C2003/213/54
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 9 July 2003 in Case T-230/00: Daesang Corp. and Sewon Europe GmbH v Commission of the European Communities (Competition — Cartel — Lysine — Guidelines on the method of setting fines — Turnover — Mitigating circumstances — Cooperation during the administrative procedure)

C 213/28                 EN                         Official Journal of the European Union                                             6.9.2003
First Instance (Fourth Chamber), composed of: M. Vilaras,                   1.     Sets the amount of the fine imposed on Archer Daniels Midland
President, V. Tiili and P. Mengozzi, Judges; D. Christensen,                       Company and Archer Daniels Midland Ingredients Ltd jointly
Administrator, for the Registrar, has given a judgment on, in                      and severally at EUR 43 875 000;
which it:
                                                                            2.     Dismisses the remainder of the application;
1.     Dismisses the action;
                                                                            3.     Orders Archer Daniels Midland Company and Archer Daniels
2.     Orders Kyowa Hakko Kogyo Co. Ltd and Kyowa Hakko Europe                     Midland Ingredients Ltd to bear their own costs and to pay
       GmbH to bear their own costs and, jointly and severally, to pay             three quarters of the Commission’s costs and orders the
       those incurred by the Commission.                                           Commission to bear one quarter of its own costs.
( 1) OJ C 316 of 04.11.2000.                                                (1 ) OJ C 316 of 4.11.2000.
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                            of 9 July 2003
                                                                                                       of 9 July 2003
in Case T-224/00: Archer Daniels Midland Company and
Archer Daniels Midland Ingredients Ltd v Commission of
                  the European Communities (1)                              in Case T-230/00: Daesang Corp. and Sewon Europe
                                                                              GmbH v Commission of the European Communities (1)
(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and                       (Competition — Cartel — Lysine — Guidelines on the
duration of the infringement — Turnover — Aggravating                       method of setting fines — Turnover — Mitigating circum-
circumstances — Mitigating circumstances — Cooperation                      stances — Cooperation during the administrative procedure)
during the administrative procedure — Concurrent sanc-
                                 tions)
                                                                                                      (2003/C 213/54)
                           (2003/C 213/53)
                                                                                                (Language of the case: English)
                    (Language of the case: English)
                                                                            In Case T-230/00, Daesang Corp., established in Seoul (South
In Case T-224/00, Archer Daniels Midland Company, estab-                    Korea), Sewon Europe GmbH, established in Eschborn
lished in Decatur, Illinois (United States of America), Archer              (Germany), represented by J.-F. Bellis and S. Reinart, lawyers,
Daniels Midland Ingredients Ltd, established in Erith (United               and A. Kmiecik, solicitor, with an address for service in
Kingdom), represented by L. Martin Alegi and E.W. Batchelor,                Luxembourg, v Commission of the European Communities
solicitors, with an address for service in Luxembourg, v                    (Agents: W. Wils, R. Lyal and J. Flynn): Application for a
Commission of the European Communities (Agents: W. Wils,                    reduction in the fine imposed on the applicants by Commission
R. Lyal and J. Flynn): Application for partial annulment of                 Decision 2001/418/EC of 7 June 2000 relating to a proceeding
Commission Decision 2001/418/EC of 7 June 2000 relating                     pursuant to Article 81 of the EC Treaty and Article 53 of the
to a proceeding pursuant to Article 81 of the EC Treaty and                 EEA Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ
Article 53 of the EEA Agreement (Case COMP/36.545/F3 —                      2001 L 152, p. 24), the Court of First Instance (Fourth
Amino Acids) (OJ 2001 L 152, p. 24) or a reduction in the                   Chamber), composed of: M. Vilaras, President, V. Tiili and
fine imposed on the applicants, and counterclaim by the                     P. Mengozzi, Judges; D. Christensen, Administrator, for the
Commission for an increase in the amount of that fine, the                  Registrar, has given a judgment on 9 July 2003, in which it:
Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment              1.     Sets the amount of the fine imposed on Daesang Corp. and
on 9 July 2003, in which it:                                                       Sewon Europe GmbH jointly and severally at EUR 7 128 240;
 ---pagebreak--- 6.9.2003                 EN                         Official Journal of the European Union                                              C 213/29
2.     Dismisses the remainder of the application;                          Instance (Third Chamber), composed of K. Lenaerts, President,
                                                                            J. Azizi and M. Jaeger, Judges; Registrar: D. Christensen,
                                                                            Administrator, has given a judgment on 8 July 2003, in which
3.     Orders Daesang Corp. and Sewon Europe GmbH to bear their
                                                                            it:
       own costs and, jointly and severally, to pay two thirds of the
       Commission’s costs and orders the Commission to bear one
       third of its own costs.                                              1.     Declared the application to be inadmissible in so far as it seeks
                                                                                   annulment of Decision COMP/ECSC.1336 of 14 September
                                                                                   2000;
( 1) OJ C 316 of 4.11.2000.
                                                                            2.     Declared the application to be admissible but unfounded in so
                                                                                   far as it seeks annulment of Decision COMP/M.2045 of
                                                                                   5 September 2000;
                                                                            3.     Ordered the applicants to bear their own costs and to pay
                                                                                   those incurred by the Commission and by Salzgitter and
                                                                                   Mannesmann.
                                                                            (1 ) OJ No C 61 of 24.2.01.
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                             of 8 July 2003
in Case T-374/00: Verband der freien Rohrwerke eV and
   Others v Commission of the European Communities (1)                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       of 9 July 2003
(Control of concentrations — Concentration covered partly
by the ECSC Treaty and partly by the EC Treaty — Decision
                                                                            in Case T-22/01 Petros Efthymiou v Commission of the
to authorise on the basis of Article 66(2) CS — Decision
                                                                                                European Communities (1)
declaring compatibility with the common market on the basis
of Article 6(1)(b) of Regulation (EEC) No 4064/89 —
Conditions for admissibility under the ECSC Treaty and the                  (Officials — Repayment of mission expenses — Business
EC Treaty — Relationship between the rules on control of                                               class air travel)
concentrations laid down in the ECSC Treaty and the EC
   Treaty — Duty to state reasons — Erroneous assessment)                                             (2003/C 213/56)
                           (2003/C 213/55)                                                       (Language of the case: French)
                     (Language of the case: German)
                                                                            In Case T-22/01 Petros Efthymiou, an official of the Com-
                                                                            mission of the European Communities, residing in Luxem-
                                                                            bourg, represented by J.-N. Louis and V. Peere, avocats, with
                                                                            an address for service in Luxembourg, against Commission of
                                                                            the European Communities (Agents: C. Berardis-Kayser and
In Case T-374/00: Verband der freien Rohrwerke eV, estab-
lished in Düsseldorf (Germany), Eisen- und Metallwerke                      H. Tserepa-Lacombe), — application for annulment of the
                                                                            Commission’s decision of 24 March 2000 making three
Ferndorf GmbH, established in Kreuztal-Ferndorf (Germany),
Rudolf Flender GmbH & Co. KG, established in Siegen                         ‘supplementary amendments’ to mission expense accounts and
                                                                            charging to the applicant the sums overclaimed and, in
(Germany), represented by H. Hellmann, lawyer, against Com-
                                                                            addition, a request that the Commission should be ordered to
mission of the European Communities (Agents: W. Mölls and
W. Wils), supported by Mannesmann AG, established in                        repay to the applicant the amounts deducted from his
                                                                            remuneration by way of sums overclaimed, — the Court of
Düsseldorf, represented by K. Moosecker and P. Niggemann,
                                                                            First Instance (Fourth Chamber), composed of V. Tiili, Presi-
lawyers, and by Salzgitter AG, established in Salzgitter
                                                                            dent, and P. Mengozzi and M. Vilaras, Judges; D. Christensen,
(Germany), represented by J. Sedemund and T. Lübbig, lawyers
                                                                            Administrator, for the Registrar, has given a judgment on
— application for annulment of Decision COMP/M.2045
of 5 September 2000 and Decision COMP/ECSC.1336 of                          9 July 2003, in which it:
14 September 2000, by which the Commission authorised, on
the basis of, respectively, Article 6(1)(b) of Regulation (EEC)             1.     Annuls the Commission’s decision of 24 March 2003 making
No 4064/89 and Article 66(2) CS, the acquisition by Salzgitter                     three ‘supplementary amendments’ to mission expense accounts
of control of Mannesmannröhren-Werke — the Court of First                          and charging to the applicant the sums overclaimed inasmuch