Official Journal of the European Union

C 141/37

Judgment of the Court of First Instance of 30 April 2009 — Nintendo and Nintendo of Europe v Commission

(Case T-13/03) (1)

(Competition - Agreements, decisions and concerted practices - Market for Nintendo video games consoles and games cartridges - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Fines - Deterrent effect - Duration of the infringement - Aggravating circumstances - Role of leader or instigator - Attenuating circumstances - Cooperation during the administrative procedure)

2009/C 141/75

Language of the case: English


Applicants: Nintendo Co., Ltd (Kyoto, Japan) and Nintendo of Europe GmbH (Grossostheim, Germany) (represented by: I. Forrester QC, J. Pheasant, M. Powell, C. Kennedy-Loest, Solicitors and J. Killick, Barrister)

Defendant: Commission of the European Communities (represented initially by O. Beynet and A. Whelan, and subsequently by X. Lewis and O. Beynet, Agents)


Application for cancellation or reduction of the amount of the fine imposed on the applicants by Article 3, first indent, of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33).

Operative part of the judgment

The Court:


Sets the amount of the fine imposed on Nintendo Co., Ltd and Nintendo of Europe GmbH at EUR 119,2425 million;


Dismisses the action as to the remainder;


Orders each party to bear its own costs.

(1)  OJ C 70, 22.3.2003.