CELEX: C2005/296/43
Language: en
Date: 2005-11-26 00:00:00
Title: Joined Cases T-22/02 and T-23/02: Judgment of the Court of First Instance of  6 October 2005  — Sumitomo Chemical and Sumika Fine Chemicals v Commission (Competition — Cartels in the vitamin sector — Commission Decision finding infringements that have ceased and not imposing fines — Regulation (EEC) No 2988/74 — Time-limit on the power of the Commission to impose fines or penalties — Principle of legal certainty — Presumption of innocence — Legitimate interest in finding that infringements have been committed)

26.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 296/20
            
         Judgment of the Court of First Instance of 6 October 2005 — Sumitomo Chemical and Sumika Fine Chemicals v Commission
   (Joined Cases T-22/02 and T-23/02) (1)
   
   (Competition - Cartels in the vitamin sector - Commission Decision finding infringements that have ceased and not imposing fines - Regulation (EEC) No 2988/74 - Time-limit on the power of the Commission to impose fines or penalties - Principle of legal certainty - Presumption of innocence - Legitimate interest in finding that infringements have been committed)
   (2005/C 296/43)
   Language of the case: English
   Parties
   
      Applicant(s): Sumitomo Chemical Co. Ltd (Tokyo, Japan) and Sumika Fine Chemicals Co. Ltd (Osaka, Japan)) (represented by M. Klusmann, lawyer, and V. Turner, Solicitor)
   
      Defendant(s): Commission of the European Communities (represented by L. Pignataro-Nolin and A. Whelan, agents)
   Application for
   annulment of Commission Decision 2003/2/EC of 21 November 2001 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/E-1/37.512 — Vitamins) (OJ 2003 L 6, p. 1) in so far as it concerns the applicants
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Annuls Commission Decision 2003/2/EC of 21 November 2001 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/E-1/37.512 — Vitamins) in so far as it concerns the applicants;
            
         
               2)
            
            
               Orders the defendant to pay the costs.
            
         
      (1)  OJ C 109 of 4.5.2002.