Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
21 October 2003
in Case T-368/00: General Motors Nederland BV and Opel Nederland BV v Commission of the European Communities(1) (Competition ( Distribution of motor vehicles ( Article 81 EC ( Regulations (EEC) No 123/85 and (EC) No 1475/95 ( Partitioning of the market ( General strategy aimed at restricting exports ( Restriction of supply
( Restrictive bonus policy ( Ban on exports ( Fine ( Gravity and duration of the infringement ( Proportionality ( Guidelines for the calculation of fines)
(Language of the case: English)
In Case T-368/00, General Motors Nederland BV, established in Sliedrecht (Netherlands), Opel Nederland BV, established in Sliedrecht, represented by D. Vandermeersch, R. Snelders and S. Allcock, lawyers, with an address for service in Luxembourg, v Commission of the European Communities (Agents: W. Mölls and A. Whelan): Application for, as the principal claim, annulment of the Commission's decision C (2000) 2707 of 20 September 2000 relating to a proceeding under Article 81 EC (Case COMP/36.653 ( Opel) (OJ 2001 L 59, p. 1) or, in the alternative, cancellation or reduction of the fine imposed on the applicants by that decision., the Court of First Instance (Second Chamber), composed of: N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment on 21 October 2003, in which it has ruled:
1.The contested decision of the Commission C (2000) 2707 of 20 September 2000 relating to a proceeding under Article 81 of the EC Treaty (COMP/36.653 ( Opel) is annulled in so far as it establishes the existence of a restrictive supply measure contrary to Article 81(1) EC.
2.The amount of the fine imposed on the applicants by Article 3 of the contested decision is reduced to EUR 35 475 000.
3.The application is dismissed as to the remainder.
4.The applicants are ordered to bear four fifths of their own costs and four fifths of the Commission's costs; the Commission is ordered to bear one fifth of its own costs and one fifth of the applicants' costs.
____________1 - OJ C 61 of 24.2.2001