Official Journal of the European Union

C 141/38

Judgment of the Court of First Instance of 30 April 2009 — CD-Contact Data v Commission

(Case T-18/03) (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 - Proof of the existence of an agreement to limit parallel trade - Fines - Differential treatment - Attenuating circumstances)

2009/C 141/76

Language of the case: English


Applicant: CD-Contact Data GmbH (Burglengenfeld, Germany) (represented by: J. de Pree and R. Wesseling, lawyers)

Defendant: Commission of the European Communities (represented by: P. Oliver, X. Lewis and O. Beynet, Agents)


APPLICATION for the annulment 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 CD-Contact Data GmbH at EUR 500 000;


Dismisses the action as to the remainder;


Orders each party to bear its own costs.

(1)  OJ C 70, 22.3.2003.