CELEX: C2003/213/52
Language: en
Date: 2003-09-06 00:00:00
Title: 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 European Communities (Competition — Cartel — Lysine — Guidelines on the method of setting fines — Applicability — Gravity of the infringement — Turnover — Concurrent sanctions)

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
 ---pagebreak--- C 213/28                 EN                         Official Journal of the European Union                                             6.9.2003
First Instance (Fourth Chamber), composed of: M. Vilaras,                   1.     Sets the amount of the fine imposed on Archer Daniels Midland
President, V. Tiili and P. Mengozzi, Judges; D. Christensen,                       Company and Archer Daniels Midland Ingredients Ltd jointly
Administrator, for the Registrar, has given a judgment on, in                      and severally at EUR 43 875 000;
which it:
                                                                            2.     Dismisses the remainder of the application;
1.     Dismisses the action;
                                                                            3.     Orders Archer Daniels Midland Company and Archer Daniels
2.     Orders Kyowa Hakko Kogyo Co. Ltd and Kyowa Hakko Europe                     Midland Ingredients Ltd to bear their own costs and to pay
       GmbH to bear their own costs and, jointly and severally, to pay             three quarters of the Commission’s costs and orders the
       those incurred by the Commission.                                           Commission to bear one quarter of its own costs.
( 1) OJ C 316 of 04.11.2000.                                                (1 ) OJ C 316 of 4.11.2000.
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                            of 9 July 2003
                                                                                                       of 9 July 2003
in Case T-224/00: Archer Daniels Midland Company and
Archer Daniels Midland Ingredients Ltd v Commission of
                  the European Communities (1)                              in Case T-230/00: Daesang Corp. and Sewon Europe
                                                                              GmbH v Commission of the European Communities (1)
(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and                       (Competition — Cartel — Lysine — Guidelines on the
duration of the infringement — Turnover — Aggravating                       method of setting fines — Turnover — Mitigating circum-
circumstances — Mitigating circumstances — Cooperation                      stances — Cooperation during the administrative procedure)
during the administrative procedure — Concurrent sanc-
                                 tions)
                                                                                                      (2003/C 213/54)
                           (2003/C 213/53)
                                                                                                (Language of the case: English)
                    (Language of the case: English)
                                                                            In Case T-230/00, Daesang Corp., established in Seoul (South
In Case T-224/00, Archer Daniels Midland Company, estab-                    Korea), Sewon Europe GmbH, established in Eschborn
lished in Decatur, Illinois (United States of America), Archer              (Germany), represented by J.-F. Bellis and S. Reinart, lawyers,
Daniels Midland Ingredients Ltd, established in Erith (United               and A. Kmiecik, solicitor, with an address for service in
Kingdom), represented by L. Martin Alegi and E.W. Batchelor,                Luxembourg, v Commission of the European Communities
solicitors, with an address for service in Luxembourg, v                    (Agents: W. Wils, R. Lyal and J. Flynn): Application for a
Commission of the European Communities (Agents: W. Wils,                    reduction in the fine imposed on the applicants by Commission
R. Lyal and J. Flynn): Application for partial annulment of                 Decision 2001/418/EC of 7 June 2000 relating to a proceeding
Commission Decision 2001/418/EC of 7 June 2000 relating                     pursuant to Article 81 of the EC Treaty and Article 53 of the
to a proceeding pursuant to Article 81 of the EC Treaty and                 EEA Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ
Article 53 of the EEA Agreement (Case COMP/36.545/F3 —                      2001 L 152, p. 24), the Court of First Instance (Fourth
Amino Acids) (OJ 2001 L 152, p. 24) or a reduction in the                   Chamber), composed of: M. Vilaras, President, V. Tiili and
fine imposed on the applicants, and counterclaim by the                     P. Mengozzi, Judges; D. Christensen, Administrator, for the
Commission for an increase in the amount of that fine, the                  Registrar, has given a judgment on 9 July 2003, in which it:
Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment              1.     Sets the amount of the fine imposed on Daesang Corp. and
on 9 July 2003, in which it:                                                       Sewon Europe GmbH jointly and severally at EUR 7 128 240;