CELEX: C1998/209/77
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-352/94: Mo och Domsjö AB v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Liability for unlawful conduct - Relevant product market - Information exchange - Order - Fine - Determination of the amount - Statement of reasons - Mitigating circumstances)

4.7.98                EN                Official Journal of the European Communities                                 C 209/37
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 14 May 1998                                                   of 14 May 1998
in Case T-352/94: Mo och Domsjö AB v. Commission of                in Case T-165/95: Arnaldo Lucaccioni v. Commission of
                the European Communities (1)                                      the European Communities (1)
(Competition Ð Article 85(1) of the EC Treaty Ð                    (Officials Ð Action for damages Ð Occupational disease
Liability for unlawful conduct Ð Relevant product market           Ð Damage Ð Taking into account benefits received under
Ð Information exchange Ð Order Ð Fine Ð                            Article 73 of the Staff Regulations Ð Duration of the
Determination of the amount Ð Statement of reasons Ð               procedure for recognising an occupational disease Ð
                   Mitigating circumstances)                                                   Fault)
                         (98/C 209/77)
                                                                                           (98/C 209/78)
               (Language of the case: English)
                                                                                  (Language of the case: French)
In Case T-352/94: Mo och Domsjö AB, established at
Örnsköldsvik, Sweden, represented by Antony Woodgate,
Martin Smith and Vincent Smith, Solicitors, London, with           In Case T-165/95: Arnaldo Lucaccioni, a former official of
an address for service in Luxembourg at the Chambers of            the Commission of the European Communities, residing in
Arendt & Medernach, 8Ð10 Rue Mathias Hardt v.                      Paris, represented by Georges Vandersanden, Laure Levi
Commission of the European Communities (Agents:                    and Olivier Eben, of the Brussels Bar, with an address for
Richard Lyal and Rosemary Caudwell) Ð application for              service in Luxembourg at the office of Fiduciaire Myson
annulment of Commission Decision 94/601/EC of 13 July              SARL, 30 Rue de Cessange, v. Commission of the
1994 relating to a proceeding under Article 85 of the EC           European Communities (Agents: Julian Currall and Jean-
Treaty (IV/C/33.833 Ð Cartonboard, OJ L 243 of                     Luc Fagnart) Ð application for compensation for the
19.9.1994, p. 1) Ð the Court (Third Chamber, Extended              material and non-material damage allegedly suffered by
Composition), composed of B. Vesterdorf, President of the          the applicant as a result of the disease affecting him and
Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.              for the award of compensatory interest on the capital sum
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the        paid under Article 73 of the Staff Regulations of officials
Registrar, has given a judgment on 14 May 1998 in which            of the European Communities Ð the Court of First
it:                                                                Instance    (Second      Chamber),    composed     of:  A.
                                                                   Kalogeropoulos, President, and C. W. Bellamy and J.
1. Annuls, as regards the applicant, the first to fourth           Pirrung, Judges; A. Mair, Administrator, for the Registrar,
    paragraphs of Article 2 of Commission Decision 94/             has given a judgment on 14 May 1998, in which it:
    601/EC of 13 July 1994 relating to a proceeding under
    Article 85 of the EC Treaty (IV/C/33.833 Ð
                                                                   1. Dismisses the action.
    Cartonboard) save and except for the following
    passages:
                                                                   2. Orders the parties to bear their own costs.
    The undertakings named in Article 1 shall forthwith
    bring the said infringement to an end, if they have not
                                                                   (1) OJ C 268, 14.10.1995.
    already done so. They shall henceforth refrain in
    relation to their cartonboard activities from any
    agreement or concerted practice which may have the
    same or a similar object or effect, including any
    exchange of commercial information:
    (a) by which the participants are directly or
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
          indirectly informed of the production, sales, order
          backlog, machine utilisation rates, selling prices,                            of 28 May 1998
          costs or marketing plans of other individual
                                                                   in Joined Cases T-78/96 and T-170/96: W v. Commission
          producers.
                                                                                 of the European Communities (1)
    Any scheme for the exchange of general information             (Officials Ð Actions for annulment and for compensation
    to which they subscribe, such as the Fides system or its       Ð Admissibility Ð Reassignment Ð Interests of the
    successor, shall be so conducted as to exclude any             service Ð Duty to have regard for the welfare of officials
    information from which the behaviour of individual             Ð Misuse of power Ð Statement of reasons Ð Liability
    producers can be identified'.                                                     Ð Administrative fault)
2. Dismisses the application as regards the remaining                                      (98/C 209/79)
    claims.
                                                                                  (Language of the case: French)
3. Orders the applicant to pay the costs.
(1) OJ C 392, 31.12.1994.                                          In Joined Cases T-78/96 and T-170/96: W, an official of
                                                                   the Commission of the European Communities, residing in
                                                                   Luxembourg, represented by Georges Vandersanden and