Eksempler på brug af Chisso's letter på Engelsk og deres oversættelser til Dansk
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Second, Hoechst maintains that Chisso's letter to the Commission of 26 March 1999 is also an exculpatory document.
Conversely, should there be any sign of discrimination such as the procedural irregularities on the part of the Commission noted above, Chisso's letter might have an exculpatory effect.
The non-disclosure of Chisso's letter of 26 March 1999 could not affect Hoechst's rights of defence during the administrative procedure.
Only a list setting out the date, sender and addressee of the documents and, where appropriate, the subject-matter, were mentioned in Chisso's letter of 17 December 2002.
In light of the foregoing, Hoechst's plea,so far as Chisso's letter of 17 December 2002, together with the annexes, is concerned, must be rejected.
As regards Chisso's letter of 17 December 2002, together with the annexes, Hoechst's further observations specifically concern one of those annexes, namely a letter from Chisso dated 26 March 1999.
Hoechst contends that only business data such as turnover or market shares in nonhistorical periods could have constituted aground for concealing- and only in part- Chisso's letter.
As regards Chisso's letter of 17 December 2002, together with the annexes, the Commission stated that Chisso agreed that the original versions of those documents should be used for the sole purposes of the proceedings before the Court.
On 2 March 2006 the Commission was requested to answer a question put by the Court and to supply, first, a number of documents in the investigation file, in the form made accessible to Hoechst, and, second, a usable nonconfidential version ornonconfidential summary of Chisso's letter of 17 December 2002, with the annexes thereto.
Furthermore, as regards Chisso's letter of 17 December 2002(and the letter of 26 March 1999 annexed to that letter), the hearing officer informed Hoechst that Chisso had requested confidential treatment for those documents.
It is in the light of those considerations that the Court must assesswhether Hoechst's right of access to the file was breached in this case as regards, first, Chisso's letter of 17 December 2002 together with the annexes thereto and, second, the internal documents relating to the telephone conversations between the Commission and Chisso between September 1998 and April 1999.
Hoechst adds that Chisso's letter might contain inculpatory evidence(for example, if Chisso accused the applicant of having been a leader of the cartel) and the Commission ought therefore to have given the applicant immediate access without any prompting.
In its letter of 16 June 2006, in answer to a written question from the Court inviting it to submit further observations on the documents previously transmitted by the Commission, including,in particular, Chisso's letter of 17 December 2002, together with the annexes thereto(see paragraph 34 above), Hoechst claims that certain evidence has been rejected and that a number of irregularities vitiated the administrative procedure.
As regards, first, Chisso's letter of 11 January 1999, the Commission states that that document was already accessible during the administrative procedure and therefore cannot in any event be characterised as evidence to which the Commission did not provide access.
In particular, in so far as Hoechst disputes the fact that Chisso was the first to supply decisive evidence, Chisso's letter of 26 March 1999, which, as the summary shows, concerned the latter's cooperation with the Commission, might have enabled conclusions to be drawn as to the content and date of the acts of such cooperation, in particular before 29 October 1998.
As regards Chisso's letter of 17 December 2002, counsel for Hoechst and Nutrinova observed in particular that an annex to that letter, namely a letter of 26 March 1999, was entitled‘[T]o the Commission concerning Chisso's cooperation with the Dir-ectorate-General for Competition.
First, it should be observed that the Commission decided to incorporate Chisso's letter of 17 December 2002, together with the annexes thereto, in a nonconfidential version, in the investigation file that was made available to the undertakings which were parties to the proceedings.
As regards, second, Chisso's letter of 26 March 1999, the Commission emphasises that that document concerns only questions relating to the time-limits which had been imposed on Chisso, and not on Hoechst, to produce further documents, at a time when Chisso had already satisfied the conditions for the application of Section B(b) of the 1996 Leniency Notice by virtue of its contribution of 13 November 1998.
In any event, it must be made clear that Chisso's letter of 26 March 1999 cannot alter the Commission's conclusion that Chisso was the first undertaking to adduce decisive evidence of the cartel's existence, independently of whether or not that conclusion was well founded.
The nonconfidential version of Chisso's letter of 17 December 2002, with the annexes, in the form make available to Hoechst during the administrative procedure, bears a close relationship to failure to disclose the documents in question, which, in so far as they formed part of the file, were of relevance to the investigation.
In particular, it was invited to state how the non-disclosure of Chisso's letter of 17 December 2002, with the annexes thereto, in the form submitted to the Court by the Commission, had prevented it from having knowledge of documents that might be useful to its defence and had thus breached its rights of defence.