2.9.2006   

EN

Official Journal of the European Union

C 212/27


Judgment of the Court of First Instance of 4 July 2006 — Hoek Loos NV v Commission of the European Communities

(Case T-304/02) (1)

(Competition - Cartels - Dutch market for industrial and medical gases - Price fixing - Calculation of fines - Guidelines on the method of setting fines - Principles of proportionality and equal treatment)

(2006/C 212/47)

Language of the case: Dutch

Parties

Applicant: Hoek Loos NV (Schiedam, Netherlands) (represented by: J.J. Feenstra and B.F. Van Harinxma thoe Slooten, lawyers)

Defendant: Commission of the European Communities (represented by: A. Bouquet, Agent)

Re:

Application for annulment in part of Article 3 of Commission Decision 2003/207/EC final of 24 July 2002 relating to a procedure pursuant to Article 81 EC (case COMP/E-3/36.700 — Industrial and medical gases) (OJ 2003, L 84, p. 1) and, alternatively, for a reduction in the fine imposed on the applicant

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the applicant to pay the costs.


(1)  OJ C 305, 7.12.2002.