CELEX: C2000/273/17
Language: en
Date: 2000-09-23 00:00:00
Title: Judgment of the Court of First Instance of 6 July 2000 in Case T-62/98: Volkswagen AG v Commission of the European Communities (Competition — Distribution of motor vehicles — Partitioning of the market — Article 85 of the EC Treaty (now Article 81 EC) — Regulation (EEC) No 123/85 — Disclosure to the press — Business secrets — Good administration — Fines — Gravity of the infringement)

23.9.2000               EN                    Official Journal of the European Communities                                         C 273/11
                                                        COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                               2.    Reduces the amount of the fine imposed on the applicant by
                                                                               Article 3 of the contested decision to Euro 90 000 000;
                                                                         3.    Dismisses the remainder of the application;
                          of 6 July 2000
                                                                         4.    Orders the applicant to bear its own costs and to pay 90 % of
                                                                               the costs incurred by the Commission;
in Case T-62/98: Volkswagen AG v Commission of the
                   European Communities (1)                              5.    Orders the Commission to bear 10 % of its own costs.
                                                                         (1) OJ C 184 of 13.6.98.
(Competition — Distribution of motor vehicles — Partition-
ing of the market — Article 85 of the EC Treaty (now
Article 81 EC) — Regulation (EEC) No 123/85 — Disclos-
ure to the press — Business secrets — Good administration
           — Fines — Gravity of the infringement)
                         (2000/C 273/17)
                                                                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 27 June 2000
                   (Language of the case: German)
                                                                         in Case T-72/99: Karl L. Meyer v Commission of the
                                                                                             European Communities (1)
In Case T-62/98: Volkswagen AG, established in Wolfsburg
(Germany), represented by R. Bechtold, Stuttgart, with an
address for service in Luxembourg at the Chambers of Loesch              (OCTs — Project financed by the EDF — Action for damages
and Wolter, 11 Rue Goethe v Commission of the European                   — Legitimate expectations — Commission’s duty to exercise
Communities (Agents: K. Wiedner and H.J. Freund) — appli-                                               control)
cation for annulment of Commission Decision 98/273/EC of
28 January 1998 relating to a proceeding under Article 85 of
the EC Treaty (Case IV/35.733 — VW) (OJ 1998 L 124, p. 60)                                         (2000/C 273/18)
or, in the alternative, for reduction of the fine imposed on the
applicant in that decision — the Court (Fourth Chamber),
composed of: R.M. Moura Ramos, President, V. Tiili and
P. Mengozzi, Judges; B. Pastor, Administrator, for the Registrar,                            (Language of the case: French)
has given a judgment on 6 July 2000, in which it:
                                                                         In Case T-72/99: Karl L. Meyer, residing at Uturoa (island of
1.    Annuls Commission Decision 98/273/EC of 28 January                 Raiatea, French Polynesia), represented by J.-D. des Arcis, of
      1998 relating to a proceeding under Article 85 of the EC           the Papeete Bar, and C.A. Kupferberg, of the Paris Bar, with an
      Treaty (Case IV/35.733 — VW) in so far as it finds that:           address for service in Luxembourg at the office of
                                                                         Mr H. Pakowski, Ambassador of the Federal Republic of
                                                                         Germany, 20-22 Avenue Emile Reuter, v Commission of the
                                                                         European Communities (agent: X. Lewis) — application for
      (a)  a split margin system and termination of certain dealer-      compensation for the damage allegedly suffered by the appli-
           ship contracts by way of penalty were measures adopted        cant as a result of the European Development Fund having
           in order to hinder re-exports of Volkswagen and Audi          refrained from paying a subsidy which it had undertaken to
           vehicles from Italy by final consumers and authorised         grant in the context of a programme concerning the planting
           dealers in those makes in other Member States;                of trees and tropical fruit plants on the island of Raiatea —
                                                                         the Court of First Instance (Third Chamber), composed of:
                                                                         K. Lenaerts, President, and J. Azizi and M. Jaeger, Judges;
      (b) the infringement had not completely ceased between             G. Herzig, Administrator, for the Registrar, has given a judg-
           1 October 1996 and the adoption of the decision;              ment on 27 June 2000, in which it: