Judgment of the Court of First Instance (Fifth Chamber) of 5 December 2006 - Westfalen Gassen Nederland v Commission
(Competition − Cartels − Dutch market for industrial and medical gases − Price fixing − Proof of participation in the cartel - Proof of distancing - Principles of non-discrimination and proportionality - Calculation of fines)
Language of the case: Dutch
Parties
Applicant: Westfalen Gassen Nederland BV (Deventer, Netherlands) (represented by: M. Essers and M. Custers, lawyers)
Defendant: Commission of the European Communities (represented by: A. Bouquet, Agent)
Re:
Application for partial annulment of Commission Decision 2003/207/EC of 24 July 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty (case COMP/E 3/36.700 ─ Industrial and medical gases) (OJ 2003 L 84, p. 1) and, alternatively, reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Westfalen Gassen Nederland BV to bear its own costs and to pay three quarters of those incurred by the Commission and orders the Commission to bear one quarter of its own costs.
____________1 - OJ C 305, 17.12.2002.