Judgment of the Court of First Instance of 29 November 2005 -Heubach v Commission
(Competition - Article 81 EC - Cartel - Zinc phosphate market - Fine - Guidelines on the method of setting fines - Action for annulment - Objection of illegality - Article 15(2) of Regulation No 17 - Gravity of the infringement - Principles of proportionality and equal treatment - Statement of reasons)
Language of the case: German
Parties
Applicant(s): Dr Hans Heubach GmbH & Co. KG (Langelsheim, Germany) (represented by: F. Montag and G. Bauer, lawyers)
Defendant(s): Commission of the European Communities (represented by: F. Castillo de la Torre, acting as Agent, assisted by H. J. Freund, lawyer)
Application for
partial annulment of Commission Decision 2003/437/EC of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/37.027 - Zinc phosphate) (OJ 2003 L 153, p. 1) and, in the alternative, for reduction of the amount of the fine imposed on the applicant
Operative part of the judgment
The Court:
Dismisses the application;
Orders the applicant to pay the costs.
____________1 - OJ C 144, 15.6.2002.