Judgment of the Court of First Instance (First Chamber) 24 October 1991

In Case T-l/89,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber), composed of: J. L. Cruz Vilaça, President, R. Schintgen, D. Edward, H. Kirschner and K. Lenaerts, Judges, Advocate General: B. Vesterdorf, Registrar: H. Jung,

having regard to the written procedure and further to the hearing held from 10 to 15 December 1990,

after hearing the Opinion of the Advocate General at the sitting on 10 July 1991,

gives the following

Judgment

Facts and background to the action

Procedure

Forms of order sought by the parties

Substance

Proof of the infringement

1. The findings of fact

A — The EATP meeting of 22 November 1977

(a) The contested decision

(b) Arguments of the parties

(c) Assessment by the Court

B — The system of regular meetings

(a) The contested decision

(b) Arguments of the parties

(c) Assessment by the Court

C — The price initiative of July to December 1979

(a) The contested decision

(b) Arguments of the parties

(c) Assessment by the Court

D — Target tonnages and quotas

(a) The contested decision

(b) Arguments of the parties

(c) Assessment by the Court

2. Legal characterization

(a) The contested decision

(b) Arguments of the parties

(c) Assessment by the Court

The statement of reasons

1. The adoption of a single decision

2. Insufficient reasoning

3. Contradictory statement of reasons

The principle of equal treatment

The fine

1. Duration of the infringement

2. The gravity of the infringement

A — The alleged failure to differentiate between the undertakings

B — The alleged failure to take sufficient account of the situation of economic crisis

C — The lack of any evidence indicating Rhône-Poulenc's actual policy

D — The degree of cooperation shown by the applicant

Costs

1 Language of the case: French.