Judgment of the Court of First Instance of 6 October 2005 — Sumitomo Chemical and Sumika Fine Chemicals v Commission

(Joined Cases T-22/02 and T-23/02) (1)

(Competition - Cartels in the vitamin sector - Commission Decision finding infringements that have ceased and not imposing fines - Regulation (EEC) No 2988/74 - Time-limit on the power of the Commission to impose fines or penalties - Principle of legal certainty - Presumption of innocence - Legitimate interest in finding that infringements have been committed)

(2005/C 296/43)

Language of the case: English

Parties

Applicant(s): Sumitomo Chemical Co. Ltd (Tokyo, Japan) and Sumika Fine Chemicals Co. Ltd (Osaka, Japan)) (represented by M. Klusmann, lawyer, and V. Turner, Solicitor)

Defendant(s): Commission of the European Communities (represented by L. Pignataro-Nolin and A. Whelan, agents)

Application for

annulment of Commission Decision 2003/2/EC of 21 November 2001 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/E-1/37.512 — Vitamins) (OJ 2003 L 6, p. 1) in so far as it concerns the applicants

Operative part of the judgment

The Court:

(1)  OJ C 109 of 4.5.2002.