This document is an excerpt from the EUR-Lex website
Document 62013CJ0467
ICF v Commission
ICF v Commission
Judgment of the Court (Tenth Chamber) of 9 October 2014 — ICF v Commission
(Case C‑467/13 P) ( 1 )
‛Appeals — Agreements, decisions and concerted practices — World market in aluminium fluoride — Rights of the defence — Content of the statement of objections — Calculation of the amount of the fine — 2006 guidelines for the calculation of fines — Point 18 — Total value of sales of goods or services in relation to the infringement — Obligation to state reasons — Reasonable time period — Reduction of the amount of the fine’
1. |
Appeals — Grounds — Admissibility — Conditions — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted — Assessment of the potential influence of a document not disclosed by the Commission on the content of a contested decision — Question in respect of which the General Court has exclusive jurisdiction (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26-29) |
2. |
Appeals — Grounds — Admissibility — Conditions — Ground of appeal alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30-32) |
3. |
Competition — Administrative procedure — Statement of objections — Provisional nature — Abandonment of objections proving to be unfounded — Obligation of the Commission to inform persons concerned thereof by an additional statement of objections — Not included (Council Regulation No 1/2003, Art. 27) (see paras 33-38) |
4. |
Competition — Fines — Amount — Determination — Criteria — Guidelines adopted by the Commission — Basic amount of the fine — Worldwide market-sharing arrangements — Calculation on the basis of the value of the sales related to the infringement in the relevant geographical sector — Concept which concerns the value of the sales of the undertakings participating in the infringement (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Communication 2006/C 210/02, para. 18) (see paras 47, 48) |
5. |
Competition — Fines — Amount — Determination — Whether the Commission is obliged to abide by its previous decision-making practice — No such obligation (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2)) (see para. 50) |
6. |
Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 52, 53, 64) |
7. |
Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Proceedings concerning an infringement of the competition rules — Failure to act within a reasonable time — Consequences — Non-contractual liability — Application based on an excessive length of the proceedings before the General Court — Composition of the Chamber delivering the judgment (Charter of fundamental rights of the European Union, Art. 47, second para.) (cf. points 57, 58) |
8. |
Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Criteria for assessment (Charter of fundamental rights of the European Union, Art. 47, second para.) (see paras 59, 60) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Industries Chimiques du Fluor (ICF) to pay the costs. |
( 1 ) OJ C 336, 16.11.2013.
Judgment of the Court (Tenth Chamber) of 9 October 2014 — ICF v Commission
(Case C‑467/13 P) ( 1 )
‛Appeals — Agreements, decisions and concerted practices — World market in aluminium fluoride — Rights of the defence — Content of the statement of objections — Calculation of the amount of the fine — 2006 guidelines for the calculation of fines — Point 18 — Total value of sales of goods or services in relation to the infringement — Obligation to state reasons — Reasonable time period — Reduction of the amount of the fine’
1. |
Appeals — Grounds — Admissibility — Conditions — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted — Assessment of the potential influence of a document not disclosed by the Commission on the content of a contested decision — Question in respect of which the General Court has exclusive jurisdiction (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26-29) |
2. |
Appeals — Grounds — Admissibility — Conditions — Ground of appeal alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30-32) |
3. |
Competition — Administrative procedure — Statement of objections — Provisional nature — Abandonment of objections proving to be unfounded — Obligation of the Commission to inform persons concerned thereof by an additional statement of objections — Not included (Council Regulation No 1/2003, Art. 27) (see paras 33-38) |
4. |
Competition — Fines — Amount — Determination — Criteria — Guidelines adopted by the Commission — Basic amount of the fine — Worldwide market-sharing arrangements — Calculation on the basis of the value of the sales related to the infringement in the relevant geographical sector — Concept which concerns the value of the sales of the undertakings participating in the infringement (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Communication 2006/C 210/02, para. 18) (see paras 47, 48) |
5. |
Competition — Fines — Amount — Determination — Whether the Commission is obliged to abide by its previous decision-making practice — No such obligation (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2)) (see para. 50) |
6. |
Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 52, 53, 64) |
7. |
Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Proceedings concerning an infringement of the competition rules — Failure to act within a reasonable time — Consequences — Non-contractual liability — Application based on an excessive length of the proceedings before the General Court — Composition of the Chamber delivering the judgment (Charter of fundamental rights of the European Union, Art. 47, second para.) (cf. points 57, 58) |
8. |
Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Criteria for assessment (Charter of fundamental rights of the European Union, Art. 47, second para.) (see paras 59, 60) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Industries Chimiques du Fluor (ICF) to pay the costs. |
( 1 ) OJ C 336, 16.11.2013.