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Document 62011CB0495

Case C-495/11 P: Order of the Court of 13 September 2012 — Total SA, Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons)

OJ C 101, 6.4.2013, p. 2–2 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

6.4.2013   

EN

Official Journal of the European Union

C 101/2


Order of the Court of 13 September 2012 — Total SA, Elf Aquitaine SA v European Commission

(Case C-495/11 P) (1)

(Appeal - Regulation (EC) No 1/2003 - Competition - Agreements, decisions and concerted practices - Infringement of the principles of conferred powers and of proportionality - Manifestly incorrect interpretation - Infringement of the rights of the defence and of the principles of equity and of the equality of arms - Obligation to state reasons)

2013/C 101/03

Language of the case: French

Parties

Appellants: Total SA, Elf Aquitaine SA (represented by: E. Morgan de Rivery and A. Noël-Baron, avocats)

Other party to the proceedings: European Commission (represented by: B. Gencarelli, P. Van Nuffel and V. Bottka, acting as Agents)

Re:

Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 14 July 2011 in Case T-190/06 Total and Elf Aquitaine v Commission by which that Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons

Operative part of the order

1.

The appeal is dismissed.

2.

Total SA and Elf Aquitaine SA shall pay the costs.


(1)  OJ C 355, 3.12.2011.


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