Judgment of the Court (Sixth Chamber) of 11 January 1990.#Sandoz prodotti farmaceutici SpA v Commission of the European Communities.#Competition - Concept of agreement.#Case C-277/87.

Parties

In Case C-277/87

Sandoz prodotti farmaceutici Spa, whose main office is in Milan ( Italy ), represented by Giorgio Bernini, of the Bolognese Bar, and Ernest Arendt, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse,

applicant,

v

Commission of the European Communities, represented by Enrico Traversa, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,

defendant,

APPLICATION for a declaration that Commission Decision 87/409/EEC of 13 July 1987 concerning a proceeding initiated under Article 85 of the EEC Treaty ( IV/31-741 Sandoz ) ( Official Journal 1987, L 222, p . 28 ) is void,

THE COURT ( Sixth Chamber )

composed of : C . N . Kakouris, President of Chamber, F . A . Schockweiler, T . Koopmans, G . F . Mancini and M . Diez de Velasco, Judges,

hereby :

Operative part

( 1)Reduces the amount of the fine imposed on the applicant in Article 3 of the Commission' s decision of 13 July 1987 concerning a procedure initiated under Article 85 of the EEC Treaty to ECU 500 000;

( 2)Dismisses the remainder of the application;

( 3)Orders the applicant to pay the costs .