CELEX: C2006/294/87
Language: en
Date: 2006-12-02 00:00:00
Title: Case T-43/02: Judgment of the Court of First Instance of 27 September 2006 — Jungbunzlauer v Commission (Competition — Agreements, decisions and concerted practices — Article 81 EC — Fine — Article 15(2) of Regulation No 17 — Imputability of conduct to a subsidiary — Principle that penalties must be defined by law — Guidelines on the method of setting fines — Principle of proportionality — Principle ne bis in idem — Right of access to the file)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/41
            
         Judgment of the Court of First Instance of 27 September 2006 — Jungbunzlauer v Commission
   (Case T-43/02) (1)
   
   (Competition - Agreements, decisions and concerted practices - Article 81 EC - Fine - Article 15(2) of Regulation No 17 - Imputability of conduct to a subsidiary - Principle that penalties must be defined by law - Guidelines on the method of setting fines - Principle of proportionality - Principle ne bis in idem - Right of access to the file)
   (2006/C 294/87)
   Language of the case: German
   Parties
   
      Applicant: Jungbunzlauer AG (Basel, Switzerland) (represented by: R. Bechtold, U. Soltész and M. Karl, lawyers)
   
      Defendant: Commission of the European Communities (represented by: P. Oliver, Agent, assisted by H. Freund, lawyer)
   
      Intervener in support of the defendant: Council of the European Union (represented by: E. Karlsson and S. Marquardt, Agents)
   Re:
   Application for, primarily, annulment of Commission Decision 2002/742/EC of 5 December 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/E-1/35.604 — Citric acid) (OJ 2002 L 239, p. 18) and, in the alternative, reduction in the fine imposed on the applicant by that decision.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the application;
            
         
               2.
            
            
               Orders Jungbunzlauer AG to bear its own costs and to pay those incurred by the Commission;
            
         
               3.
            
            
               Orders the Council to bear its own costs.
            
         
      (1)  OJ C 97, 20.4.02.