This document is an excerpt from the EUR-Lex website
Document 62009TA0392
Case T-392/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Fines — Ceiling of 10 % of turnover — Relevant turnover — Rights of the defence — Obligation to state reasons — Proportionality — 2006 Guidelines on the method of setting fines — Ability to pay)
Case T-392/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Fines — Ceiling of 10 % of turnover — Relevant turnover — Rights of the defence — Obligation to state reasons — Proportionality — 2006 Guidelines on the method of setting fines — Ability to pay)
Case T-392/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Fines — Ceiling of 10 % of turnover — Relevant turnover — Rights of the defence — Obligation to state reasons — Proportionality — 2006 Guidelines on the method of setting fines — Ability to pay)
OJ C 32, 2.2.2013, p. 16–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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2.2.2013 |
EN |
Official Journal of the European Union |
C 32/16 |
Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission
(Case T-392/09) (1)
(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Imputability of the unlawful conduct - Fines - Ceiling of 10 % of turnover - Relevant turnover - Rights of the defence - Obligation to state reasons - Proportionality - 2006 Guidelines on the method of setting fines - Ability to pay)
2013/C 32/23
Language of the case: English
Parties
Applicant: 1. garantovaná a.s. (Bratislava, Slovakia) (represented initially by: M. Powell, Solicitor, A. Sutton and G. Forwood, Barristers, and subsequently by M. Powell, G. Forwood, M. Staroň and P. Hodál, lawyers)
Defendant: European Commission (represented by: J. Bourke, N. von Lingen and A. Tokár, acting as Agents)
Re:
Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders 1. garantovaná a.s. to pay the costs. |