Judgment of the Court (Full Court) of 6 January 2004. Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG. Appeals - Competition - Parallel imports - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Meaning of agreement between undertakings - Proof of the existence of an agreement - Market in pharmaceutical products. Joined cases C-2/01 P and C-3/01 P.

«(Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical products)»

JUDGMENT OF THE COURT6 January 2004 (1)

((Appeals – Competition – Parallel imports – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Meaning of agreement between undertakings – Proof of the existence of an agreement – Market in pharmaceutical products))

appellant,

interveners at the appeal stage,

intervener at first instance,

THE COURT,,

having regard to the Report for the Hearing,

after hearing the Opinion of the Advocate General at the sitting on 22 May 2003,

gives the following

On those grounds,

THE COURT

Skouris

Jann

Timmermans

Cunha Rodrigues

Edward

La Pergola

Puissochet

Schintgen

Macken

Colneric

von Bahr

R. Grass V. Skouris

Registrar

President