Judgment of the Court of First Instance of 27 September 2006 - Roquette Frères v Commission
(Competition - Agreements, decisions and concerted practices - Sodium gluconate - Article 81 EC - Fine - Article 15(2) of Regulation No 17 -Guidelines on the method of setting fines - Leniency notice - Equal treatment Principle ne bis in idem)
Language of the case: French
Parties
Applicant: Roquette Frères, SA (Lestrem, France) (represented by: O. Prost, D. Voillemot and A. Choffel, lawyers)
Defendant: Commission of the European Communities (represented by: initially, A. Bouquet, W. Wils and A. Whelan, and subsequently A. Bouquet, W. Wils and A. Whelan, Agents, assisted by A. Condomines and J. Liygonie, lawyers)
Re:
First, an application for annulment of Articles 1 and 3 of Decision C(2002) 2931 final of 2 October 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/E-1/36.756 - Sodium gluconate), in that it sets the amount of the fine imposed on the applicant; second, an application for a reduction in the amount of the find; and, third, an application for repayment to the applicant of the amounts unlawfully received.
Operative part of the judgment
The Court:
Sets the amount of the fine imposed on Roquette Frères SA at EUR 8 105 000;
Varies Decision C(2002) 2931 final of 2 October 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/E-1/36.756 - Sodium gluconate) in so far as it is inconsistent with paragraph 1 above;
Dismisses the remainder of the application;
Orders Roquette Frères SA to pay all of the costs.
____________1 - OJ C 68, 16.3.02.