CELEX: C1998/209/68
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-317/94: Moritz J. Weig GmbH & Co. KG v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Concept of agreement - Order - Fine - Determination of the amount - Statement of reasons - Mitigating circumstances)

C 209/32              EN                 Official Journal of the European Communities                                       4.7.98
P. Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio              JUDGMENT OF THE COURT OF FIRST INSTANCE
GonzaÂlez, Administrator, for the Registrar, has given a                                     of 14 May 1998
judgment on 14 May 1998 in which it:
                                                                    in Case T-317/94: Moritz J. Weig GmbH & Co. KG v.
                                                                            Commission of the European Communities (1)
1. Annuls, as regards the applicant, Article 1 of                   (Competition Ð Article 85(1) of the EC Treaty Ð
    Commission Decision 94/601/EC of 13 July 1994                   Concept of agreement Ð Order Ð Fine Ð Determination
    relating to a proceeding under Article 85 of the EC             of the amount Ð Statement of reasons Ð Mitigating
    Treaty (IV/C/33.833 Ð Cartonboard) in so far as the                                       circumstances)
    date of the beginning of the infringement alleged
    against it is stated to be prior to April 1989.                                           (98/C 209/68)
                                                                                    (Language of the case: German)
2. Annuls, as regards the applicant, the eighth indent of
    Article 1 of Decision 94/601/EC.
                                                                    In Case T-317/94: Moritz J. Weig GmbH & Co. KG,
                                                                    established at Mayen, Germany, represented by Thomas
3. Annuls, as regards the applicant, the first to fourth            Jestaett, Karsten Metzlaff and Hanns-Christian Salger,
    paragraphs of Article 2 of Decision 94/601/EC save              Rechtsanwälte, Düsseldorf, Hamburg and Frankfurt-am-
    and except the following passages:                              Main, the also by Verena von Bomhard, Rechtsanwältin,
                                                                    Hamburg, with an address for service in Luxembourg at
                                                                    the Chambers of Philippe Dupont, 8Ð10 Rue Mathias
    The undertakings named in Article 1 shall forthwith            Hardt v. Commission of the European Communities
    bring the said infringement to an end, if they have not         (Agents: Bernd Langeheine, Richard Lyal and Dirk
    already done so. They shall henceforth refrain in               Schroeder) Ð application for annulment of Commission
    relation to their cartonboard activities from any               Decision 94/601/EC of 13 July 1994 relating to a
    agreement or concerted practice which may have the              proceeding under Article 85 of the EC Treaty (IV/C/
    same or a similar object or effect, including any               33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð
    exchange of commercial information:                             the Court (Third Chamber, Extended Composition),
                                                                    composed of B. Vesterdorf, President of the Chamber, C. P.
                                                                    BrieÈt, P. Lindh, A. Potocki and J. D. Cooke, Judges; J.
    (a) by which the participants are directly or                   Palacio GonzaÂlez, Administrator, for the Registrar, has
          indirectly informed of the production, sales, order       given a judgment on 14 May 1998 in which it:
          backlog, machine utilisation rates, selling prices,
          costs or marketing plans of other individual
          producers.                                                1. Annuls, as regards the applicant, Article 1 of
                                                                         Commission Decision 94/601/EC of 13 July 1994
                                                                         relating to a proceeding under Article 85 of the EC
    Any scheme for the exchange of general information                   Treaty (IV/C/33.833 Ð Cartonboard) in so far as the
    to which they subscribe, such as the Fides system or its             date of the beginning of the infringement alleged
    successor, shall be so conducted as to exclude any                   against it is stated to be prior to March 1988.
    information from which the behaviour of individual
    producers can be identified.'.
                                                                    2. Annuls, as regards the applicant, the first to fourth
                                                                         paragraphs of Article 2 of Commission Decision 94/
                                                                         601/EC save and except the following passages:
4. Sets the amount of the fine imposed on the applicant
    by Article 3 of Decision 94/601/EC at ECU 750 000.
                                                                         The undertakings named in Article 1 shall forthwith
                                                                         bring the said infringement to an end, if they have not
5. Dismisses the application as regards the remaining                    already done so. They shall henceforth refrain in
    claims.                                                              relation to their cartonboard activities from any
                                                                         agreement or concerted practice which may have the
                                                                         same or a similar object or effect, including any
6. Orders the Commission to bear its costs and to pay                    exchange of commercial information:
    one-half of the applicant's costs.
                                                                         (a) by which the participants are directly or
                                                                               indirectly informed of the production, sales, order
7. Orders the applicant to bear one-half of its own costs.                     backlog, machine utilisation rates, selling prices,
                                                                               costs or marketing plans of other individual
                                                                               producers.
(1) OJ C 380, 31.12.1994.
                                                                         Any scheme for the exchange of general information
                                                                         to which they subscribe, such as the Fides system or its
 ---pagebreak--- 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