Official Journal of the European Union

C 141/37

Judgment of the Court of First Instance of 30 April 2009 — Itochu v Commission

(Case T-12/03) (1)

(Competition - Agreements, decisions and concerted practices - Market for video games consoles and games cartridges compatible with Nintendo games consoles - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Attributability of the infringement - Fines - Differential treatment - Deterrent effect - Duration of the infringement - Attenuating circumstances - Cooperation during the administrative procedure)

2009/C 141/74

Language of the case: English


Applicant: Itochu Corp. (Tokyo, Japan) (represented by: Y. Shibasaki G. van Gerven, T. Franchoo, lawyers)

Defendant: Commission of the European Communities (represented initially by P. Hellström and O. Beynet, and subsequently by F. Castillo de la Torre and O. Beynet, Agents)


Application for the annulment of Articles 1, 3 and 5 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), in so far as they relate to the applicant, or, in the alternative, reduction of the amount of the fine imposed on it.

Operative part of the judgment

The Court:


Dismisses the action;


Orders Itochu Corp. to pay the costs.

(1)  OJ C 55, 8.3.2003.