92/426/EEC: Commission Decision of 15 July 1992 relating to a proceeding under Article 85 of the EEC Treaty (Case IV/32.725 - Viho/Parker Pen) (Only the German and English texts are authentic)

• Articles: 4

Article 1

Parker Pen Ltd and Herlitz AG have infringed Article 85 (1) of the EEC Treaty by including an export ban in an agreement concluded between them.

Article 2

The following fines are hereby imposed on the undertakings specified below:

- a fine of ECU 700 000 on Parker Pen Ltd,

- a fine of ECU 40 000 on Herlitz AG.

The fines shall be paid within three months of the date of notification of this Decision to the following account of the European Communities:

Account No 310-0933000-43

Commission of the European Communities

Banque Bruxelles-Lambert

Agence Européenne

5, Rond-Point Schuman

B-1040 Brussels.

After three months, interest shall automatically be payable at the reate charged by the European Monetary Cooperation Fund on its ECU transactions on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, i.e. 13,75 %.

Should payment be made in national currency, the exchange rate applicable shall be that prevailing on the day preceding payment.

Article 3

Parker Pen Ltd shall not adopt any measures having the same object or the same effect as the Treaty infringements established.

Article 4

This Decision is addressed to:

1. Parker Pen Ltd

Newhaven

GB-East Sussex BN9 0AU

2. Herlitz AG

Reuchlingstrasse 10

D-1000 Berlin 21

This Decision is enforceable pursuant to Article 192 of the EEC Treaty. Done at Brussels, 15 July 1992. For the Commission

Leon BRITTAN

Vice-President

(1) OJ No 13, 21. 2. 1962, p. 204/62. (2) OJ No 127, 20. 8. 1963, p. 2268/63. (3) In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 21 of Regulation No 17 concerning non-disclosure of business secrets. (4) Case 19/77, Miller International Schallplatten v. Commission, [1978] ECR 131. (5) Case C-279/87, Tipp-Ex v. Commission, [1990] ECR I-261. (6) Case C-277/87, Sandoz v. Commission, [1990] ECR I-45. (7) See Case 107/82, AEG-Telefunken v. Commission, [1983] ECR 3151, paragraph 50 at p. 3199.