CELEX: C1998/209/64
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-308/94: Cascades SA v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Liability for unlawful conduct - Fine - Statement of reasons - Mitigating circumstances)

C 209/30             EN                 Official Journal of the European Communities                                    4.7.98
   JUDGMENT OF THE COURT OF FIRST INSTANCE                         O'Keeffe, Solicitor of the Law Society of Ireland, with an
                      of 14 May 1998                               address for service in Luxembourg at the Chambers of
                                                                   Arendt & Medernach, 8Ð10 Rue Mathias Hardt, v.
in Case T-304/94: Europa Carton AG v. Commission of                Commission of the European Communities (Agents:
                the European Communities (1)                       initially, Richard Lyal and GeÂraud de Bergues, and
(Competition Ð Article 85(1) of the EC Treaty Ð Proof              subsequently Richard Lyal and Guy Charrier) Ð
of participation in collusion Ð Fine Ð Turnover Ð                  application for the annulment of Commission Decision 94/
Determination of the amount Ð Mitigating circumstances)            601/EC of 13 July 1994 relating to a proceeding under
                                                                   Article 85 of the EC Treaty (IV/C/33.833 Ð Cartonboard)
                       (98/C 209/63)                               (OJ L 243 of 19.9.1994, p. 1) Ð the Court of First
                                                                   Instance (Third Chamber, Extended Composition),
               (Language of the case: German)                      composed of: B. Vesterdorf, President, C. P. BrieÈt, P.
                                                                   Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio
                                                                   GonzaÂlez, Administrator, for the Registrar, has given a
In Case T-304/94: Europa Carton AG, established at
                                                                   judgment on 14 May 1998 in which it:
Hamburg, Germany, represented by Gerhard Wiedemann
and Wolfgang Kirchhoff, Rechtsanwälte, Düsseldorf, with
an address for service in Luxembourg at the Chambers of            1. Dismisses the application.
Alex Bonn, 7 Val Sainte-Croix v. Commission of the
European Communities (Agents: Bernd Langeheine and
Richard Lyal, subsequently by Richard Lyal and Dirk                2. Orders the applicant to pay the costs, including those
Schroeder) Ð application for annulment of Commission                    relating to the application for interim relief.
Decision 94/601/EC of 13 July 1994 relating to a
proceeding unter Article 85 of the EC Treaty (IV/C/33.833          (1) OJ C 351, 10.12.1994.
Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð 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. Palacio
GonzaÂlez, Administrator, for the Registrar, has given a
judgment on 14 May 1998 in which it:
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
1. Annuls, as regards the applicant, the eighth indent of                                 of 14 May 1998
     Article 1 of Commission Decision 94/601/EC of                         in Case T-309/94: NV Koninklijke KNP BT v.
     13 July 1994 relating to a proceeding under Article 85                 Commission of the European Communities (1)
     of the EC Treaty (IV/C/33.833 Ð Cartonboard).
                                                                   (Competition Ð Article 85(1) of the EC Treaty Ð
                                                                   Liability for the infringement Ð Fine Ð Statement of
2. Dismisses the application as regards the remaining                                          reasons)
     claims.
                                                                                           (98/C 209/65)
3. Orders the applicant to pay the costs.
                                                                                   (Language of the case: Dutch)
( ) OJ C 351, 10.12.1994.
 1
                                                                   In Case T-309/94: NV Koninklijke KNP BT, established at
                                                                   Amsterdam, represented by Tom R. Ottervanger and
                                                                   Francis Herbert, advocates of the Brussels Bar, with an
                                                                   address for service in Luxembourg at the Chambers of
                                                                   Carlos Zeyen, 56Ð58 Rue Charles Martel v. Commission
   JUDGMENT OF THE COURT OF FIRST INSTANCE                         of the European Communities (Agents: Richard Lyal and
                      of 14 May 1998                               Wouter Wils) Ð application for annulment of Commission
                                                                   Decision 94/601/EC of 13 July 1994 relating to a
in Case T-308/94: Cascades SA v. Commission of the                 proceeding under Article 85 of the EC Treaty (IV/C/
                  European Communities (1)                         33.833 Ð Cartonboard, OJ 1994, L 243 of 19.9.1994,
(Competition Ð Article 85(1) of the EC Treaty Ð                    p. 1) Ð the Court (Third Chamber, Extended
Liability for unlawful conduct Ð Fine Ð Statement of               Composition), composed of B. Vesterdorf, President of the
             reasons Ð Mitigating circumstances)                   Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.
                                                                   Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the
                       (98/C 209/64)                               Registrar, has given a judgment on 14 May 1998 in which
                                                                   it:
                (Language of the case: French)
                                                                   1. Sets the amount of the fine imposed on the applicant
In Case T-308/94: Cascades SA, having its registered office             by Article 3 of Commission Decision 94/601/EC of
at Bagnolet (France), represented by Jean-Louis Fourgoux,               13 July 1994 relating to a proceeding under Article 85
Jean-Patrice de La Laurencie, Jacques Buhart, of the Paris              of the EC Treaty (IV/C/33.833 Ð Cartonboard) at
Bar, Jean-Yves Art, of the Brussels Bar, and David                      ECU 2 700 000.