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18.11.2006 |
EN |
Official Journal of the European Union |
C 281/3 |
Judgment of the Court (Second Chamber) of 21 September 2006 — JCB Service v Commission of the European Communities,
(Case C-167/04 P) (1)
(Appeals - Cartels - Article 81 EC - Distribution agreements - Concerted practices - Notification - Form A/B - Application for exemption - Rejection - Duration of the assessment of the notification procedure - Rights of the defence - Presumption of innocence - Complaint - Infringement - General prohibition on passive sales - Limitation of the sources of supply - New pleas in law - Fines - Guidelines - Gravity of the infringement - Duration - Attenuating circumstances - Cross-appeal - Aggravating circumstances)
(2006/C 281/05)
Language of the case: English
Parties
Appellant: JCB Service, (represented by: E.Morgan de Rivery and E. Friedel, lawyers)
Other party to the proceedings: Commission of the European Communities, (represented by: A. Whelan, Agent)
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 13 January 2004 in Case T-67/01 JCB Service v Commission partially annulling the Commission Decision of 21 December 2000 relating to a proceeding under Article 81 of the EC Treaty (COMP.F.1/35.918 — JCB
Operative part of the judgment
The Court
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1. |
Dismisses the appeal. |
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2. |
Allows the cross-appeal of the Commission of the European Communities. |
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3. |
Sets aside paragraph 2 of the operative part of the judgment of the Court of First Instance of the European Communities of 13 January 2004 in Case T-67/01 JCB Service v Commission. |
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4. |
Fixes the amount of the fine imposed on JCB Service under Article 4 of Commission Decision 2002/190/EC of 21 December 2000 relating to a proceeding under Article 81 of the EC Treaty (Case COMP.F.1/35.918 –JCB) at EUR 30 864 000. |
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5. |
Orders JCB Service to bear all the costs of these appeal proceedings. |