Notice for the OJ
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)
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:
Annuls 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) in so far as it concerns the applicants;
Orders the defendant to pay the costs.
____________1 - 2 - OJ C 109 of 4.5.2002.