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Document 62010TA0040
Case T-40/10: Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission (Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction)
Case T-40/10: Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission (Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction)
Case T-40/10: Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission (Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction)
OJ C 78, 15.3.2014, p. 7–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
15.3.2014 |
EN |
Official Journal of the European Union |
C 78/7 |
Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission
(Case T-40/10) (1)
(Competition - Agreements, decisions and concerted practices - European markets in tin heat stabilisers and ESBO/esters heat stabilisers - Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement - Fines - Application for annulment - Rights of the defence - Late notification of Commission’s investigation - Duration of the administrative procedure - Liability of a parent company for infringements of competition rules committed by its subsidiaries - Presumption of actual exercise of decisive influence - Duration of the infringements - Limitation - Legitimate interest in finding that an infringement was committed - Fines imposed on a parent company differing in amount from those imposed on a subsidiary - Unlimited jurisdiction)
2014/C 78/13
Language of the case: French
Parties
Applicant: Elf Aquitaine (Courbevoie, France) (represented by: É. Morgan de Rivery, S. Thibault-Liger, A. Noël-Baron, lawyers)
Defendant: European Commission (represented by: P. Van Nuffel, J. Bourke and A. Biolan, Agents)
Re:
Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers), or, in the alternative, for a reduction of the fines imposed.
Operative part of the judgment
The Court:
1. |
Dismisses the action; |
2. |
Orders Elf Aquitaine SA to pay the costs. |