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20.6.2009 |
EN |
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
Parties
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)
Re:
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:
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1. |
Sets the amount of the fine imposed on CD-Contact Data GmbH at EUR 500 000; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |