CELEX: C2001/045/08
Language: en
Date: 2001-02-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 November 2000 in Case C-298/98 P: Metsä-Serla Sales Oy v Commission of the European Communities (Appeal — Competition — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Fines — Determination of the amount — Statement of reasons — Cooperation during the administrative procedure)

C 45/4                  EN                      Official Journal of the European Communities                                          10.2.2001
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                            (Fifth Chamber)
                      of 16 November 2000                                                        of 16 November 2000
in Case C-297/98 P: SCA Holding Ltd v Commission of                        in Case C-298/98 P: Metsä-Serla Sales Oy v Commission
                 the European Communities (1)                                             of the European Communities (1)
(Appeal — Competition — Article 85(1) of the EC Treaty                     (Appeal — Competition — Article 85(1) of the EC Treaty
(now Article 81(1) EC) — Liability for the infringement —                  (now Article 81(1) EC) — Fines — Determination of the
Fines — Statement of reasons — Mitigating circumstances)                   amount — Statement of reasons — Cooperation during the
                                                                                               administrative procedure)
                           (2001/C 45/07)
                                                                                                      (2001/C 45/08)
                   (Language of the case: English)
                                                                                             (Language of the Case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                          (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
In Case C-297/98 P, SCA Holding Ltd, established in Aylesford
(United Kingdom), represented by J. Pheasant and N. Bromfield,             In Case C-298/98 P, Metsä-Serla Sales Oy, formerly Finnish
solicitors, with an address for service in Luxembourg at the               Board Mills Association (Finnboard), established in Espoo
Chambers of Loesch & Wolter, 11 Rue Goethe — appeal                        (Finland), represented by H. Hellmann, Rechtsanwalt, Cologne,
against the judgment of the Court of First Instance of the                 and H.-J. Hellmann, Rechtsanwalt, Mannheim, with an address
European Communities (Third Chamber, Extended Compo-                       for service in Luxembourg at the Chambers of Loesch and
sition) of 14 May 1998 in Case T-327/94 SCA Holding v                      Wolter, 11 Rue Goethe — appeal against the judgment of the
Commission [1998] ECR II-1373, seeking to have that judg-                  Court of First Instance of the European Communities (Third
ment set aside, the other party to the proceedings being                   Chamber, Extended Composition) of 14 May 1998 in Case
Commission of the European Communities, represented by                     T-338/94 Finnboard v Commission [1998] ECR II-1617,
J. Currall, Legal Adviser, and R. Lyal, acting as Agents — the             seeking to have that judgment set aside, the other party to the
Court (Fifth Chamber), composed of: A. La Pergola, President               proceedings being Commission of the European Communities,
of the Chamber, M. Wathelet (Rapporteur), D.A.O. Edward,                   represented by R. Lyal, of its Legal Service, acting as Agent,
P. Jann and L. Sevón, Judges; J. Mischo, Advocate General;                assisted by D. Schroeder — the Court (Fifth Chamber),
R. Grass, Registrar, has given a judgment on 16 November                   composed of: A. La Pergola, President of the Chamber,
2000 in which it:                                                          M. Wathelet (Rapporteur), D.A.O. Edward, P. Jann and
                                                                           L. Sevón, Judges; J. Mischo, Advocate General; R. Grass,
                                                                           Registrar, has given a judgment on 16 November 2000 in
1.    Dismisses the appeal;                                                which it:
                                                                           1.    Dismisses the appeal;
2.    Orders SCA Holding Ltd to pay the costs.
                                                                           2.    Orders Metsä-Serla Sales Oy to pay the costs.
(1) OJ C 299 of 26.9.1998.
                                                                           (1) OJ C 299 of 26.9.1998.