«(Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Price-fixing – Proof of infringement – Error of assessment as to the facts – Fines – Proportionality – Mitigating circumstances)»
JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)11 December 2003 (1)
((Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Price-fixing – Proof of infringement – Error of assessment of the facts – Fines – Proportionality – Mitigating circumstances))
applicant,
v
defendant,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber),
having regard to the written procedure and further to the hearing on 2 July 2002,
gives the following
On those grounds,
THE COURT OF FIRST INSTANCE (Fifth Chamber)
Lindh
García-Valdecasas
Cooke
P. Lindh
Registrar
President