Judgment of the Court of First Instance (First Chamber) 14 July 1994

In Case T-77/92,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber), composed of: R. Schintgen, President, R. Garcia-Valdecasas, H. Kirschner, B. Vesterdorf and C. W. Bellamy, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 3 May 1994,

gives the following

Judgment

Facts and procedure

Forms of order sought

The claim for annulment of the decision, or in the alternative a reduction of the fine

The alleged infringement of Article 85(1) of the Treaty

The effect on trade between Member States

Appreciable effect on trade

— Summary of the parties' arguments

— Appraisal of the Court

The implementation of the clause prohibiting exports

— Summary of the parties' arguments

— Appraisal of the Court

— The Community interest in bringing the proceedings

Summary of the parties' arguments

Appraisal of the Court

The plea alleging an inadequate statement of reasons

The plea alleging infringement of the procedural rules

Summary of the parties' arguments

Appraisal of the Court

Infringement of Article 15(2) of Regulation No 17

Lack of deliberate intent

Infringement of the principle of equal treatment

Disproportionate nature of the fine

The claim for reimbursement of expenses incurred in providing security for payment of the fine

Arguments of the parties

Appraisal of the Court

Costs

1 Language of the case: English.

2 Figures appearing between brackets have been omitted from the non-confidential version of this judgment.