CELEX: C2003/213/51
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 9 July 2003 in Case T-220/00: Cheil Jedang Corp. v Commission of the European Communities (Competition — Cartel — Lysine — Guidelines on the method of setting fines — Applicability — Gravity and duration of the infringement — Turnover — Mitigating circumstances)

6.9.2003                 EN                         Official Journal of the European Union                                             C 213/27
(Belgium), represented by J. Stuyck, lawyer, with an address for            cation for partial annulment of Commission Decision 2001/
service in Luxembourg, v Commission of the European                         418/EC of 7 June 2000 relating to a proceeding pursuant to
Communities (agents: H.M.H. Speyart and L. Flynn) — an                      Article 81 of the EC Treaty and Article 53 of the EEA
application for annulment of Commission Decision C (2000)                   Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ 2001
36 of 31 January 2000 reducing the amount of financial                      L 152, p. 24) or a reduction in the fine imposed on the
assistance initially provided by Decision C (1994) 3059 of                  applicants, the Court of First Instance (Fourth Chamber),
25 November 1994 approving the grant of assistance through                  composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
the European Social Fund for an operational programme under                 Judges; D. Christensen, Administrator, for the Registrar, has
the Community framework of support for the achievement of                   given a judgment on 9 July 2003, in which it:
Objective 3 in Belgium (Flemish Community) — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
dent, and P. Mengozzi and M. Vilaras, Judges; Registrar:                    1.     Sets the amount of the fine imposed on Cheil Jedang Corp. at
J. Plingers, Administrator, gave the following judgment on                         EUR 10 080 000;
9 July 2003:
                                                                            2.     Dismisses the remainder of the application;
1.     Commission Decision C (2000) 36 of 31 January 2000
       reducing the amount of financial assistance initially provided       3.     Orders Cheil Jedang Corp. to bear its own costs and to pay two
       by Decision C (1994) 3059 of 25 November 1994 approving                     thirds of the Commission’s costs and orders the Commission to
       the grant of assistance through the European Social Fund for                bear one third of its own costs.
       an operational programme under the Community framework of
       support for the achievement of Objective 3 in Belgium
       (Flemish Community) is annulled in so far as it reduces by           (1 ) OJ C 316 of 4.11.2000.
       EUR 181 067 the financial assistance under the European
       Social Fund of which the Vlaams Fonds voor de Sociale
       Integratie van Personen met een Handicap is the recipient;
2.     The Commission is ordered to pay the costs.
( 1) OJ C 176 of 24.6.00.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 9 July 2003
                                                                            in Case T-223/00: Kyowa Hakko Kogyo Co. Ltd and
                                                                            Kyowa Hakko Europe GmbH v Commission of the
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                     European Communities ( 1)
                            of 9 July 2003
                                                                            (Competition — Cartel — Lysine — Guidelines on the
                                                                            method of setting fines — Applicability — Gravity of the
in Case T-220/00: Cheil Jedang Corp. v Commission of the                          infringement — Turnover — Concurrent sanctions)
                    European Communities ( 1)
                                                                                                        (2003/C 213/52)
(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Mitigating                                             (Language of the case: English)
                            circumstances)
                           (2003/C 213/51)
                                                                            In Case T-223/00, Kyowa Hakko Kogyo Co. Ltd, established in
                                                                            Tokyo (Japan), Kyowa Hakko Europe GmbH, established in
                    (Language of the case: English)                         Düsseldorf (Germany), represented by C. Canenbley, and
                                                                            K. Diedrich, lawyers, with an address for service in Luxem-
                                                                            bourg, v Commission of the European Communities (Agents:
                                                                            W. Wils, R. Lyal and J. Flynn): Application for partial annul-
In Case T-220/00, Cheil Jedang Corp., established in London                 ment of Commission Decision 2001/418/EC of 7 June 2000
(United Kingdom), represented by A.R.M. Bell, solicitor,                    relating to a proceeding pursuant to Article 81 of the EC
R.P. Gerrits, lawyer, and J. Killick, barrister, with an address for        Treaty and Article 53 of the EEA Agreement (Case COMP/
service in Luxembourg, v Commission of the European                         36.545/F3 — Amino Acids) (OJ 2001 L 152, p. 24) or a
Communities (Agents: W. Wils, R. Lyal and J. Flynn): Appli-                 reduction in the fine imposed on the applicants, the Court of