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15.8.2008 |
EN |
Official Journal of the European Union |
C 209/41 |
Judgment of the Court of First Instance (Third Chamber) of 8 July 2008 — BPB v Commission
(Case T-53/03) (1)
(Competition - Cartels - Plasterboard market - Decision finding an infringement of Article 81 EC - Single and continuous infringement - Repeated infringement - Fine - Guidelines on the method of setting fines - Leniency Notice)
(2008/C 209/69)
Language of the case: English
Parties
Applicant: BPB plc (Slough, United Kingdom) (represented by: T. Sharpe QC, and A. Nourry, Solicitor)
Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre, Agent, J. Flynn QC, and C. Kilroy, Barrister)
Re:
Application for annulment in part of Commission Decision 2005/471/EC of 27 November 2002 relating to a proceeding under Article 81 [EC] against BPB plc, Gebrüder Knauf Westdeutsche Gipswerke KG, Société Lafarge SA and Gyproc Benelux NV (Case No COMP/E-1/37.152 — Plasterboard) (OJ 2005 L 166, p. 8), or, in the alternative, annulment or reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
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1. |
Sets the amount of the fine imposed on BPB plc by Article 3 of Commission Decision 2005/471/EC of 27 November 2002 relating to a proceeding under Article 81 [EC] against BPB plc, Gebrüder Knauf Westdeutsche Gipswerke KG, Société Lafarge SA and Gyproc Benelux NV (Case No COMP/E-1/37.152 — Plasterboard) at EUR 118,8 million; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the Commission to pay one tenth of its own costs and one tenth of the costs incurred by BPB; |
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4. |
Orders BPB to pay nine tenths of its own costs and nine tenths of the costs incurred by the Commission. |