1. 

Actions for annulment — Community law — Action brought by several companies in a group against a Commission decision fining them jointly and severally — Action admissible in relation to some of those entities — No need to adjudicate on a plea of inadmissibility raised against certain others not capable of benefiting from a possible annulment (Art. 230 EC) (see paras 46, 47)

2. 

Competition — Community rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Obligation of the parent company to rebut the presumption that management power was actually exercised over its subsidiary (Arts 81 EC and 82 EC) (see paras 91-93, 96)

3. 

Competition — Fines — Amount — Determination — Maximum amount — Calculation — Turnover to be taken into consideration — Cumulative turnover of all the companies constituting the economic unit acting as an undertaking (Art. 81 EC; Council Regulations Nos 17, Art. 15, and 1/2003, Art. 23) (see paras 114, 132, 133)

4. 

Competition — Fines — Amount — Determination — Turnover taken into consideration — Reference year — Last full year of the infringement (Council Regulations Nos 17, Art. 15, and 1/2003, Art. 23) (see paras 142, 143)

5. 

Competition — Fines — Amount — Determination — Deterrent effect — Account taken of the size and global resources of the fined undertaking (Council Regulations Nos 17, Art. 15, and 1/2003, Art. 23; Commission Communication 98/C 9/03, Section 1A) (see paras 154, 155)

1.

Dismisses the action;

2.

Orders Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel AB, Akzo Nobel Chemicals BV, Akzo Nobel Functional Chemicals BV, Akzo Nobel Base Chemicals AB and Eka Chemicals AB to pay the costs.