29.8.2009
EN
Official Journal of the European Union
C 205/32
Judgment of the Court of First Instance of 9 July 2009 — Peugeot and Peugeot Nederland v Commission
(Case T-450/05) (1)
(Competition - Agreements, decisions and concerted practices - Distribution of Motor vehicles - Decision finding an infringement of Article 81 EC - Limitation of parallel exports from the Netherlands - System of remuneration of dealers and pressure - Agreement with an anti-competitive aim - Fines - Seriousness and length of the infringement)
2009/C 205/56
Language of the case: French
Parties
Applicant: Automobiles Peugeot SA (Paris, France) and Peugeot Nederland NV (Utrecht, Netherlands) (represented by: O. d'Ormesson and N. Zacharie, lawyers)
Defendant: Commission of the European Communities (represented by: A. Bouquet, F. Arbault and A. Whelan, initially, and A. Bouquet and M. Kellerbauer, subsequently, Agents)
Re:
Annulment of Commission Decision C (2005)3683 final of 5 October 2005 relating to proceedings under Article 81 [EC] (Cases COMP/F2-36.623, COMP/F2-36.820 and COMP/F2-37.275 — SEP and Others/Automobiles Peugeot SA) and, in the alternative, an application for the reduction of the amount of the fine imposed on the applicants by the decision.
Operative part of the judgment
The Court:
1.
Orders that the fine imposed on Automobiles Peugeot SA and Peugeot Nederland NV by Article 3 of Commission Decision C (2005) 3683 final of 5 October 2005 relating to proceedings under Article 81 [EC] (Cases COMP/F2-36.623, COMP/F2-36.820 and COMP/F2-37.275 — SEP and Others/Automobiles Peugeot SA) be fixed at EUR 44.55 million;
2.
Dismisses the action as to the remainder;
3.
Orders Automobiles Peugeot and Peugeot Nederland to bear nine-tenths of their own costs and to pay nine-tenths of the costs incurred by the Commission of the European Communities;
4.
Orders the Commission to bear one tenth of its own costs and to pay one tenth of the costs incurred by Automobiles Peugeot and Peugeot Nederland.
(1) OJ C 74, 25.03.2006.
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