CELEX: C2001/045/06
Language: en
Date: 2001-02-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 November 2000 in Case C-294/98 P: Metsä-Serla Oyj and Others v Commission of the European Communities (Appeal — Article 15(2) of Regulation No 17 — Joint and several liability for payment of a fine)

10.2.2001                EN                      Official Journal of the European Communities                                             C 45/3
2.    Dismisses the remainder of the appeal;                                4.    Orders Sarrió SA to bear its own costs and to pay two-thirds
                                                                                  of those of the Commission of the European Communities
3.    Refers the case back to the Court of First Instance;                        before the Court of Justice;
4.    Reserves the costs.                                                   5.    Order the Commission of the European Communities to bear
                                                                                  one third of its own costs before the Court of Justice.
(1) OJ C 299 of 26.9.1998.
                                                                            (1) OJ C 299 of 26.9.1998.
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                             (Fifth Chamber)
                       of 16 November 2000                                                         of 16 November 2000
                                                                            in Case C-294/98 P: Metsä-Serla Oyj and Others v Com-
in Case C-291/98 P Sarrió SA v Commission of the
                                                                                      mission of the European Communities (1)
                    European Communities (1)
                                                                            (Appeal — Article 15(2) of Regulation No 17 — Joint and
(Appeal — Competition — Article 85(1) of the EC Treaty,                                   several liability for payment of a fine)
now Article 81(1) EC — Concept of single infringement —
Information exchange — Order — Fine Determination of                                                    (2001/C 45/06)
the amount — Method of calculation — Statement of
                reasons Mitigating circumstances)
                                                                                               (Language of the Case: German)
                            (2001/C 45/05)
                                                                            (Provisional translation; the definitive translation will be published
                    (Language of the Case: Italian)                                             in the European Court Reports)
                                                                            In Case C-294/98 P, Metsä-Serla Oyj, formerly Metsä-Serla Oy,
(Provisional translation; the definitive translation will be published      established in Espoo (Finland), UPM-Kymmene Oyj, formerly
                    in the European Court Reports)                          United Paper Mills Ltd, established in Helsinki (Finland),
                                                                            Tamrock Oy, formerly Tampella Corporation, established in
                                                                            Tampere (Finland), Kyro Oyj Abp, formerly Oy Kyro Ab,
In Case C-291/98 P, Sarrió SA, established in Barcelona, Spain,
                                                                            established in Tampere, represented by H. Hellmann, Rechtsan-
represented by A. Mazzoni, of the Milan Bar, M. Siragusa, of
                                                                            walt, Cologne, and H.-J. Hellmann, Rechtsanwalt, Mannheim,
the Rome Bar, and F. Maria Moretti, of the Venice Bar, with an
                                                                            with an address for service in Luxembourg at the Chambers of
address for service in Luxembourg at the Chambers of Elvinger,
                                                                            Loesch and Wolter, 11 Rue Goethe — appeal against the
Hoss & Prussen, 2 Place Winston Churchill — appeal against
                                                                            judgment of the Court of First Instance of the European
the judgment of the Court of First Instance of the European
                                                                            Communities (Third Chamber, Extended Composition) of
Communities (Third Chamber, Extended Composition) of
                                                                            14 May 1998 in Cases T-339/94 to T-342/94 Metsä-Serla and
14 May 1998 in Case T-334/94 Sarrió v Commission [1998]
                                                                            Others v Comission [1998] ECR II-1727, seeking to have that
ECR II-1439, seeking to have that judgment set aside,the other
                                                                            judgment set aside, the other party to the proceedings being
party to the proceedings being Commission of the European
                                                                            Commission of the European Communities, represented by
Communities, represented by R. Lyal, of its Legal Service,
                                                                            R. Lyal, of its Legal Service, acting as Agent, assisted by
acting as Agent, assisted by A. Dal Ferro — the Court (Fifth
                                                                            D. Schroeder — the Court (Fifth Chamber), composed of: A. La
Chamber), composed of: A. La Pergola, President of the
                                                                            Pergola, President of the Chamber, M. Wathelet (Rapporteur),
Chamber, M. Wathelet (Rapporteur), D.A.O. Edward, P. Jann
                                                                            D.A.O. Edward, P. Jann and L. Sevón, Judges; J. Mischo,
and L. Sevón, Judges; J. Mischo Advocate General; R. Grass,
                                                                            Advocate General; R. Grass, Registrar, has given a judgment
Registrar, has given a judgment on 16 November 2000 in
                                                                            on 16 November 2000 in which it:
which it:
                                                                            1.    Dismisses the appeal.
1.    Sets aside paragraph 2 of the operative part of the judgment of
      the Court of First Instance of 14 May 1998 in Case T-334/94           2.    Orders Metsä-Serla Oyj, UPM-Kymmene Oyj, Tamrock Oy
      Sarrió v Commission;                                                       and Kyro Oyk Abp to pay the costs.
2.    Fixes the amount of the fine imposed on Sarrió SA at
      EUR 13 750 000;                                                       (1) OJ C 299 of 26.9.1998.
3.    Dismisses the remainder of the appeal;