CELEX: C1998/209/71
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-334/94: Sarrió SA v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Concept of single infringement - Information exchange - Order - Fine - Determination of the amount - Method of calculation - Statement of reasons - Mitigating circumstances)

4.7.98               EN                Official Journal of the European Communities                                C 209/33
    successor, shall be so conducted as to exclude any              JUDGMENT OF THE COURT OF FIRST INSTANCE
    information from which the behaviour of individual                                   of 14 May 1998
    producers can be identified.'.
                                                                  in Case T-327/94: SCA Holding Ltd v. Commission of the
                                                                                    European Communities (1)
3. Sets the amount of the fine imposed on the applicant
    by Article 3 of Decision 94/601/EC at ECU 2 500 000.          (Competition Ð Article 85(1) of the EC Treaty Ð
                                                                  Liability for the infringement Ð Fine Ð Statement of
                                                                              reasons Ð Mitigating circumstances)
4. Dismisses the application as regards the remaining                                     (98/C 209/70)
    claims.
                                                                                 (Language of the case: English)
5. Orders each party to bear its own costs.
                                                                  In Case T-327/94: SCA Holding Ltd, established at
(1) OJ C 380, 31.12.1994.
                                                                  Aylesford, United Kingdom, represented by Giuseppe
                                                                  Scasselati-Sforzolini, of the Bologna Bar, and Laurent
                                                                  Garzaniti, of the Brussels Bar, with an address for service
                                                                  in Luxembourg at the Chambers of Elvinger, Hoss and
                                                                  Prussen, 15 Côte d'Eich v. Commission of the European
                                                                  Communities (Agents: Julian Currall and Richard Lyal) Ð
                                                                  application for annulment of Commission Decision 94/
  JUDGMENT OF THE COURT OF FIRST INSTANCE                         601/EC of 13 July 1994 relating to a proceeding under
                      of 14 May 1998                              Article 85 of the EC Treaty (IV/C/33.833 Ð Cartonboard,
                                                                  OJ L 243 of 19.9.1994, p. 1) Ð the Court (Third
in Case T-319/94: Fiskeby Board AB v. Commission of               Chamber, Extended Composition), composed of:
                the European Communities (1)                      B. Vesterdorf, President of the Chamber, C. P. BrieÈt,
(Competition Ð Article 85(1) of the EC Treaty Ð Fines             P. Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio
Ð Determination of the amount Ð Mitigating                        GonzaÂlez, Administrator, for the Registrar, has given a
           circumstances Ð Statement of reasons)                  judgment on 14 May 1998, in which it:
                        (98/C 209/69)
                                                                  1. Dismisses the application.
               (Language of the case: English)
                                                                  2. Orders the applicant to pay the costs.
In Case T-319/94: Fiskeby Board AB, established at                (1) OJ C 380, 31.12.1994.
Norrköping, Sweden, represented by Carl Wetter, of the
Stockholm Bar, and Christopher Vajda, Barrister, of the
Bar of England and Wales, with an address for service in
Luxembourg at the Chambers of Elvinger, Hoss &
Prussen, 15 Côte d'Eich v. Commission of the European
Communities (Agents: Julian Currall and Richard Lyal) Ð
application for a reduction in the fine imposed on the              JUDGMENT OF THE COURT OF FIRST INSTANCE
applicant by Commission Decision 94/601/EC of 13 July
1994 relating to a proceeding under Article 85 of the                                    of 14 May 1998
EC Treaty (IV/C/33.833 Ð Cartonboard, OJ L 243 of                 in Case T-334/94: Sarrió SA v. Commission of the
19.9.1994, p. 1) Ð the Court (Third Chamber, Extended                               European Communities (1)
Composition), composed of B. Vesterdorf, President of the
Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.             (Competition Ð Article 85(1) of the EC Treaty Ð
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the       Concept of single infringement Ð Information exchange
Registrar, has given a judgment on 14 May 1998 in which           Ð Order Ð Fine Ð Determination of the amount Ð
it:                                                               Method of calculation Ð Statement of reasons Ð
                                                                                    Mitigating circumstances)
1. Dismisses the application.                                                             (98/C 209/71)
                                                                                  (Language of the case: Italian)
2. Orders the applicant to pay the costs.
(1) OJ C 380, 31.12.1994.                                         In Case T-334/94: Sarrió SA, established at Pamplona,
                                                                  Spain, represented by Antonio Creus Carreras, of the
                                                                  Barcelona Bar, Alberto Mazzoni, of the Milan Bar,
                                                                  Antonio Tizzano and Gian Michele Roberti, of the Naples
 ---pagebreak--- C 209/34              EN                Official Journal of the European Communities                                     4.7.98
Bar, with an address for service in Luxembourg at                    JUDGMENT OF THE COURT OF FIRST INSTANCE
the Chambers of Alain Lorang, 51 Rue Albert 1er v.                                        of 14 May 1998
Commission of the European Communities (Agents:
Richard Lyal and Alberto Dal Ferro) Ð application for              in Case T-337/94: Enso-Gutzeit Oy v. Commission of the
annulment of Commission Decision 94/601/EC of 13 July                                European Communities (1)
1994 relating to a proceeding under Article 85 of the EC
                                                                    (Article 85(1) of the EC Treaty Ð Infringement Ð Proof)
Treaty (IV/C/33.833 Ð Cartonboard, OJ 1994, L 243,
p. 1) Ð the Court (Third Chamber, Extended                                                 (98/C 209/72)
Composition), composed of: B. Vesterdorf, President of
the Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.
                                                                                   (Language of the case: English)
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the
Registrar, has given a judgment on 14 May 1998, in
which it:                                                          In Case T-337/94: Enso-Gutzeit Oy, established at
                                                                   Helsinki, represented by Ivo Van Bael and Jean-FrancËois
                                                                   Bellis, of the Brussels Bar, and CiaraÂn Keaney, Solicitor of
1. Annuls, as regards the applicant, the first to fourth           the Law Society of Ireland, with an address for service in
    paragraphs of Article 2 of Commission Decision 94/             Luxembourg at the Chambers of Freddy Brausch, 11 Rue
    601/EC of 13 July 1994 relating to a proceeding under          Goethe v. Commission of the European Communities
    Article 85 of the EC Treaty (IV/C/33.833 Ð                     (Agents: Hans Gerald Crossland and Richard Lyal) Ð
    Cartonboard) save and except the following passages:           application for annulment of Commission Decision 94/
                                                                   601/EC of 13 July 1994 relating to a proceeding under
                                                                   Article 85 of the EC Treaty (IV/C/33.833 Ð Cartonboard,
    The undertakings named in Article 1 shall forthwith           OJ L 243 of 19.9.1994 p. 1), the Court (Third Chamber,
    bring the said infringement to an end, if they have not        Extended Composition), composed of B. Vesterdorf,
    already done so. They shall henceforth refrain in              President of the Chamber, C. P. BrieÈt, P. Lindh, A. Potocki
    relation to their cartonboard activities from any              and J. D. Cooke, Judges; J. Palacio GonzaÂlez,
    agreement or concerted practice which may have the             Administrator, for the Registrar, has given a judgment on
    same or a similar object or effect, including any              14 May 1998 in which it:
    exchange of commercial information:
                                                                   1. Annuls, as regards the applicant, Commission
    (a) by which the participants are directly or                      Decision 94/601/EC of 13 July 1994 relating to a
          indirectly informed of the production, sales, order          proceeding under Article 85 of the EC Treaty (IV/C/
          backlog, machine utilisation rates, selling prices,          33.833 Ð Cartonboard).
          costs or marketing plans of other individual
          producers.                                               2. Orders the Commission to pay the costs.
                                                                   (1) OJ C 392, 31.12.1994.
    Any scheme for the exchange of general information
    to which they subscribe, such as the Fides system or its
    successor, shall be so conducted as to exclude any
    information from wich the behaviour of individual
    producers can be identified.'.
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
2. Sets the amount of the fine imposed on the applicant                                   of 14 May 1998
    by Article 3 of Decision 94/601/EC at ECU
    14 000 000.                                                    in Case T-338/94: Finnish Board Mills Association
                                                                   Ð Finnboard v. Commission of the European
                                                                                          Communities (1)
3. Dismisses the application as regards the remaining              (Competition Ð Article 85(1) of the EC Treaty Ð
    claims.                                                        Information exchange Ð Order Ð Fine Ð Determination
                                                                   of the amount Ð Statement of reasons Ð Cooperation
                                                                                during the administrative procedure)
4. Orders the applicant to bear its costs and to pay one-
    half of the Commission's costs;                                                        (98/C 209/73)
                                                                                  (Language of the case: German)
5. Orders the Commission to bear one-half of its costs.
                                                                   In Case T-338/94: Finnish Board Mills Association Ð
(1) OJ C 380, 31.12.1994.                                          Finnboard, established at Helsinki, represented initially by
                                                                   Hans Hellmann and Hans-Joachim Voges, Rechtsanwälte,
                                                                   Cologne, then solely by Hans Hellmann, with an address
                                                                   for service in Luxembourg at the Chambers of Loesch and