CELEX: C1998/209/73
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1998 in Case T-338/94: Finnish Board Mills Association - Finnboard v. Commission of the European Communities (Competition - Article 85(1) of the EC Treaty - Information exchange - Order - Fine - Determination of the amount - Statement of reasons - Cooperation during the administrative procedure)

C 209/34              EN                Official Journal of the European Communities                                     4.7.98
Bar, with an address for service in Luxembourg at                    JUDGMENT OF THE COURT OF FIRST INSTANCE
the Chambers of Alain Lorang, 51 Rue Albert 1er v.                                        of 14 May 1998
Commission of the European Communities (Agents:
Richard Lyal and Alberto Dal Ferro) Ð application for              in Case T-337/94: Enso-Gutzeit Oy v. Commission of the
annulment of Commission Decision 94/601/EC of 13 July                                European Communities (1)
1994 relating to a proceeding under Article 85 of the EC
                                                                    (Article 85(1) of the EC Treaty Ð Infringement Ð Proof)
Treaty (IV/C/33.833 Ð Cartonboard, OJ 1994, L 243,
p. 1) Ð the Court (Third Chamber, Extended                                                 (98/C 209/72)
Composition), composed of: B. Vesterdorf, President of
the Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.
                                                                                   (Language of the case: English)
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the
Registrar, has given a judgment on 14 May 1998, in
which it:                                                          In Case T-337/94: Enso-Gutzeit Oy, established at
                                                                   Helsinki, represented by Ivo Van Bael and Jean-FrancËois
                                                                   Bellis, of the Brussels Bar, and CiaraÂn Keaney, Solicitor of
1. Annuls, as regards the applicant, the first to fourth           the Law Society of Ireland, with an address for service in
    paragraphs of Article 2 of Commission Decision 94/             Luxembourg at the Chambers of Freddy Brausch, 11 Rue
    601/EC of 13 July 1994 relating to a proceeding under          Goethe v. Commission of the European Communities
    Article 85 of the EC Treaty (IV/C/33.833 Ð                     (Agents: Hans Gerald Crossland and Richard Lyal) Ð
    Cartonboard) save and except the following passages:           application for annulment of Commission Decision 94/
                                                                   601/EC of 13 July 1994 relating to a proceeding under
                                                                   Article 85 of the EC Treaty (IV/C/33.833 Ð Cartonboard,
    The undertakings named in Article 1 shall forthwith           OJ L 243 of 19.9.1994 p. 1), the Court (Third Chamber,
    bring the said infringement to an end, if they have not        Extended Composition), composed of B. Vesterdorf,
    already done so. They shall henceforth refrain in              President of the Chamber, C. P. BrieÈt, P. Lindh, A. Potocki
    relation to their cartonboard activities from any              and J. D. Cooke, Judges; J. Palacio GonzaÂlez,
    agreement or concerted practice which may have the             Administrator, for the Registrar, has given a judgment on
    same or a similar object or effect, including any              14 May 1998 in which it:
    exchange of commercial information:
                                                                   1. Annuls, as regards the applicant, Commission
    (a) by which the participants are directly or                      Decision 94/601/EC of 13 July 1994 relating to a
          indirectly informed of the production, sales, order          proceeding under Article 85 of the EC Treaty (IV/C/
          backlog, machine utilisation rates, selling prices,          33.833 Ð Cartonboard).
          costs or marketing plans of other individual
          producers.                                               2. Orders the Commission to pay the costs.
                                                                   (1) OJ C 392, 31.12.1994.
    Any scheme for the exchange of general information
    to which they subscribe, such as the Fides system or its
    successor, shall be so conducted as to exclude any
    information from wich the behaviour of individual
    producers can be identified.'.
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
2. Sets the amount of the fine imposed on the applicant                                   of 14 May 1998
    by Article 3 of Decision 94/601/EC at ECU
    14 000 000.                                                    in Case T-338/94: Finnish Board Mills Association
                                                                   Ð Finnboard v. Commission of the European
                                                                                          Communities (1)
3. Dismisses the application as regards the remaining              (Competition Ð Article 85(1) of the EC Treaty Ð
    claims.                                                        Information exchange Ð Order Ð Fine Ð Determination
                                                                   of the amount Ð Statement of reasons Ð Cooperation
                                                                                during the administrative procedure)
4. Orders the applicant to bear its costs and to pay one-
    half of the Commission's costs;                                                        (98/C 209/73)
                                                                                  (Language of the case: German)
5. Orders the Commission to bear one-half of its costs.
                                                                   In Case T-338/94: Finnish Board Mills Association Ð
(1) OJ C 380, 31.12.1994.                                          Finnboard, established at Helsinki, represented initially by
                                                                   Hans Hellmann and Hans-Joachim Voges, Rechtsanwälte,
                                                                   Cologne, then solely by Hans Hellmann, with an address
                                                                   for service in Luxembourg at the Chambers of Loesch and
 ---pagebreak--- 4.7.98                  EN                 Official Journal of the European Communities                                    C 209/35
Wolter, 11 Rue Goethe, v. Commission of the European                  Mills Ltd, established at Valkeakoski, Finland, Tampella
Communities (Agents: Bernd Langeheine, Richard Lyal                   Corporation, established at Tampere, Finland, Oy Kyro
and Dirk Schroeder) Ð application for annulment of                    AB, established at Kyröskoski, Finland, represented
Commission Decision 94/601/EC of 13 July 1994 relating                initially by Hans Hellmann and Hans-Joachim Voges,
to a proceeding under Article 85 of the EC Treaty (IV/C/              Rechtsanwälte, Cologne, then by Hans Hellmann and
33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð                  Hans-Joachim Hellmann, Rechtsanwälte, Karlsruhe, with
the Court (Third Chamber, Extended Composition),                      an address for service in Luxembourg at the Chambers of
composed of B. Vesterdorf, President of the Chamber, C. P.            Loesch and Wolter, 11 Rue Goethe v. Commission of the
BrieÈt, P. Lindh, A. Potocki, and J. D. Cooke, Judges; J.             European       Communities      (Agents:   initially    Bernd
Palacio GonzaÂlez, Administrator, for the Registrar, has              Langeheine and Richard Lyal, then by Richard Lyal and
given a judgment on 14 May 1998 in which it:                          Dirk Schroeder) Ð application for annulment of
                                                                      Commission Decision 94/601/EC of 13 July 1994 relating
1. Annuls, as regards the applicant, the first to fourth              to a proceeding under Article 85 of the EC Treaty (IV/C/
     paragraphs of Article 2 of Commission Decision 94/               33.833 Ð Cartonboard, OJ L 243 of 19.9.1994, p. 1) Ð
     601/EC of 13 July 1994 relating to a proceeding under            the Court (Third Chamber, Extended Composition),
     Article 85 of the EC Treaty (IV/C/33.833 Ð                       composed of: B. Vesterdorf, President of the Chamber,
     Cartonboard) save and except the following passages:             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:
     The undertakings named in Article 1 shall forthwith
     bring the said infringement to an end, if they have not
     already done so. They shall henceforth refrain in                1. Dismisses the applications as unfounded in so far as
     relation to their cartonboard activities from any                     they seek annulment of Commission Decision 94/601/
     agreement or concerted practice which may have the                    EC of 13 July 1994 relating to a proceeding under
     same or a similar object or effect, including any                     Article 85 of the EC Treaty (IV/C/33.833 Ð
     exchange of commercial information:                                   Cartonboard).
     (a) by which the participants are directly or
           indirectly informed of the production, sales, order        2. Dismisses the applications as inadmissible in so far as
           backlog, machine utilisation rates, selling prices,             they seek reduction of the fine imposed by Article 3 of
           costs or marketing plans of other individual                    that decision.
           producers.
     Any scheme for the exchange of general information               3. Orders the applicants to pay the costs.
     to which they subscribe, such as the Fides sytem or its
     successor, shall be so conducted as to exclude any               (1) OJ C 386, 31.12.1994.
     information from which the behaviour of individual
     producers can be identified.'.
2. Dismisses the application as regards the remaining
     claims.
3. Orders the applicant to pay the costs.                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 14 May 1998
(1) OJ C 380, 31.12.1994.
                                                                      in Case T-347/94: Mayr-Melnhof Kartongesellschaft mbH
                                                                             v. Commission of the European Communities (1)
                                                                      (Competition Ð Article 85(1) of the EC Treaty Ð
                                                                      Concept of agreement Ð Information exchange Ð Order
                                                                      Ð Fine Ð Determination of the amount Ð Statement of
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             reasons Ð Extenuating circumstances Ð Rights of the
                         of 14 May 1998                               defence Ð Cooperation during the administrative
                                                                                procedure Ð Principle of equal treatment)
in Joined Cases T-339/94, T-340/94, T-341/94 and
T-342/94: Metsä-Serla Oy and Others v. Commission of                                          (98/C 209/75)
                  the European Communities (1)
(Article 15(2) of Regulation No 17 Ð Joint and several                                (Language of the case: German)
                liability for payment of the fine)
                           (98/C 209/74)                              In Case T-347/94: Mayr-Melnhof Kartongesellschaft mbH,
                                                                      established at Vienna, represented initially by Otfried
                (Language of the case: German)                        Lieberknecht,       Burkhard     Richter,  Klaus       Benner,
                                                                      Rechtsanwälte, Düsseldorf, and by Michel Waelbroeck
In Joined Cases T-339/94, T-340/94, T-341/94 and T-342/               and Denis Waelbroeck, of the Brussels Bar, with an
94: Metsä-Serla Oy, established at Helsinki, United Paper             address for service in Luxembourg at the Chambers of