2.12.2006   

EN

Official Journal of the European Union

C 294/41


Judgment of the Court of First Instance of 27 September 2006 — Akzo Nobel NV v Commission

(Case T-330/01) (1)

(Competition - Agreements, decisions and concerted practices - Sodium gluconate - Article 81 EC - Fine - Article 15(2) of Regulation No 17 - Guidelines for the calculation of the amount of fines - Principle of proportionality - Obligation to state reasons)

(2006/C 294/86)

Language of the case: Dutch

Parties

Applicant: Akzo Nobel NV (Arnhem, Netherlands) (represented by: initially by M. van Empel and C. Swaak, and subsequently by C. Swaak, lawyers)

Defendant: Commission of the European Communities (represented by: A. Whelan, A. Bouquet and W. Wils, Agents, assisted by H.van der Woude, lawyer)

Re:

Annulment of Articles 3 and 4 of Decision C(2001) 2931 of 2 October 2001 concerning a procedure under Article 81 of the Treaty and Article 53 of the EEA Agreement (Case No COMP/E 1/36.756 — Sodium Gluconate), in so far as it pertains to the applicant or, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Akzo Nobel NV to pay the costs.


(1)  OJ C 68, 16.3.2002.