CELEX: C1999/160/33
Language: en
Date: 1999-06-05 00:00:00
Title: Judgment of the Court of First Instance of 11 March 1999 in Case T-157/94: Empresa Nacional Siderúrgica, SA (Ensidesa) v. Commission of the European Communities (ECSC Treaty - Competition - Agreements between undertakings, decisions by associations of undertakings and concerted practices - Price-fixing - Market sharing - Systems for the exchange of information)

5.6.1999                 EN                     Official Journal of the European Communities                                         C 160/17
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 11 March 1999                                                          of 20 April 1999
in Case T-157/94: Empresa Nacional Siderúrgica, SA                        in Joined Cases T-305/94, T-306/94, T-307/94, T-313/94,
(Ensidesa) v. Commission of the European Communi-                          T-315/94, T-316/94, T-318/94, T-325/94, T-328/94,
                                 ties (1)                                  T-329/94 and T-335/94: Limburgse Vinyl Maatschappij
                                                                           NV and Others v. Commission of the European Communi-
                                                                                                        ties (1)
(ECSC Treaty — Competition — Agreements between
undertakings, decisions by associations of undertakings and                (Competition — article 85 of the EC Treaty — Effects of a
concerted practices — Price-fixing — Market sharing —                      judgment annulling a measure — Rights of the defence —
            Systems for the exchange of information)                                                     Fine)
                           (1999/C 160/33)                                                          (1999/C 160/34)
                     (Language of the case: Spanish)                       (Languages of the case: German, English, French, Italian and Dutch)
In case T-157/94: Empresa Nacional Siderúrgica, SA (Ensidesa),            In cases T-305/94, T-306/94, T-307/94, T-313/94, T-315/94,
having its registered office in Avilés (Spain), represented by             T-316/94, T-318/94, T-325/94, T-328/94, T-329/94 and
Santiago Martinez Lage and Jaime Pérez-Bustamante Köster, of               T-335/94 : Limburgse Vinyl Maatschappij NV, established in
the Madrid Bar, with an address for service in Luxembourg at               Brussels, represented by Inne G. F. Cath, an advocate with right
the Chambers of Aloyse May, 31, Grand-Rue, v. Commission                   of audience before the Hoge Raad der Nederlanden, with an
of the European Communities (Agents: initially Julian Currall,             address for service in Luxembourg at the Chambers of Lambert
Francisco Enrique González-Diaz and Géraud Sajust de Bergu-               Dupong, 4-6, rue de la Boucherie, ELF Atochem SA, established
es, and subsequently Jean-Louis Dewost, Julian Currall and Guy             in Paris, represented by Xavier de Roux, Charles-Henri Léger
Charrier, assisted by Ricardo Garcı́a Vicente) — application for           and Jacques-Philippe Gunther, all of the Paris Bar, with an
the annulment of Commission Decision 94/215/ECSC of                        address for service in Luxembourg at the Chambers of Jacques
16 February 1994 relating to a proceeding pursuant to article              Loesch, 11, rue Goethe, BASF AG, established in Ludwigshafen,
65 of the ECSC Treaty concerning agreements and concerted                  Germany, represented by Ferdinand Hermanns, of the Düssel-
practices engaged in by European producers of beams (OJ                    dorf Bar, with an address for service at the Chambers of
L 116, 6.5.1994, p. 1) — the Court of First Instance                       Jacques Loesch and Marc Wolters, 11, rue Goethe, Shell
(Second Chamber, Extended Composition), composed of:                       International Chemical Company Ltd, established in London,
C. W. Bellamy, acting as President, A. Potocki and J. Pirrung,             represented by Kenneth B. Parker, QC, instructed by John
Judges; J. Palacio González, Administrator, for the Registrar,            W. Osborne, Solicitor, with an address for service in Luxem-
has given a judgment on 11 March 1999, in which it:                        bourg at the Chambers of Jean Hoss, 2, place Winston
                                                                           Churchill, DSM NV and DSM Kunststoffen BV, established in
                                                                           Heerlen, Netherlands, represented by Inne G F. Cath, an
1. fixes at EUR 3 350 000 the amount of the fine imposed on the            advocate with a right of audience before the Hoge Raad der
     applicant by article 4 of Commission Decision 94/215/ECSC of          Nederlanden, with an address for service in Luxembourg at the
     16 February 1994 relating to a proceeding pursuant to article 65      Chambers of Lambert Dupong, 4-6, rue de la Boucherie,
     of the ECSC Treaty concerning agreements and concerted practices      Wacker-Chemie GmbH, established in Munich, Germany,
     engaged in by European producers of beams,                            Hoechst AG, established in Frankfurt-am-Main, Germany, both
                                                                           represented by Hans Hellmann and Hans-Joachim Hellmann,
                                                                           Rechtsanwälte, Cologne, with an address for service in Luxem-
2. dismisses the remainder of the action,                                  bourg at the Chambers of Jacques Loesch and Marc Wolters,
                                                                           11, rue Goethe, Société artésienne de Vinyle, established in
                                                                           Paris, represented by Bernard van de Walle de Ghelcke, of the
3. orders the applicant to bear its own costs and to pay three             Brussels Bar, with an address for service in Luxembourg at the
     quarters of the defendant’s costs. The defendant shall bear a         Chambers of Alex Schmitt, 7, Val Sainte-Croix, Montedison
     quarter of its own costs.                                             SpA, established in Milan, Italy, represented by Giuseppe
                                                                           Celona, Giorgio Aghina, of the Milan Bar, and Piero Angelo
                                                                           Maria Ferrari, of the Rome Bar, with an address for service in
                                                                           Luxembourg at the Chambers of Georges Margue, 20, rue
(1) OJ C 146, 28.5.1994.                                                   Philippe II, Imperial Chemical Industries plc, established in
                                                                           London, represented by David Vaughan QC and David Ander-
                                                                           son, Barrister, instructed by Victor White and Richard Coles,
                                                                           Solicitors, with an address for service in Luxembourg at the
                                                                           Chambers of Lambert Dupong, 4-6, rue de la Boucherie, Hüls
                                                                           AG, established in Marl, Germany, represented initially by