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2.12.2006 |
EN |
Official Journal of the European Union |
C 294/41 |
Judgment of the Court of First Instance of 27 September 2006 — Jungbunzlauer v Commission
(Case T-43/02) (1)
(Competition - Agreements, decisions and concerted practices - Article 81 EC - Fine - Article 15(2) of Regulation No 17 - Imputability of conduct to a subsidiary - Principle that penalties must be defined by law - Guidelines on the method of setting fines - Principle of proportionality - Principle ne bis in idem - Right of access to the file)
(2006/C 294/87)
Language of the case: German
Parties
Applicant: Jungbunzlauer AG (Basel, Switzerland) (represented by: R. Bechtold, U. Soltész and M. Karl, lawyers)
Defendant: Commission of the European Communities (represented by: P. Oliver, Agent, assisted by H. Freund, lawyer)
Intervener in support of the defendant: Council of the European Union (represented by: E. Karlsson and S. Marquardt, Agents)
Re:
Application for, primarily, annulment of Commission Decision 2002/742/EC of 5 December 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/E-1/35.604 — Citric acid) (OJ 2002 L 239, p. 18) and, in the alternative, reduction in the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
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1. |
Dismisses the application; |
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2. |
Orders Jungbunzlauer AG to bear its own costs and to pay those incurred by the Commission; |
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3. |
Orders the Council to bear its own costs. |