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Document 62011CA0511

Case C-511/11 P: Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission (Appeals — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement)

OJ C 225, 3.8.2013, p. 12–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

3.8.2013   

EN

Official Journal of the European Union

C 225/12


Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission

(Case C-511/11 P) (1)

(Appeals - Agreements, decisions and concerted practices - Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation - Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information - Evidence - Attributability of unlawful conduct - Amount of the fine - Gravity and duration of the infringement - Aggravating circumstance - Repeated infringement)

2013/C 225/18

Language of the case: Italian

Parties

Appellant: Versalis SpA, formerly Polimeri Europa SpA (represented by: M. Siragusa, F. Moretti and L. Nascimbene, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci, L. Malferrari and G. Conte)

Re:

Appeal against the judgment of the General Court (First Chamber) of 13 July 2011 in Case T-59/05 Polimeri Europa v Commission by which that court dismissed the application for annulment of Commission Decision C(2006) 5700 of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 — butadiene rubber and emulsion styrene-butadiene rubber) or, in the alternative, the annulment or reduction of the fine imposed on Polimeri Europa SpA — Infringement of the rights of the defence — Imputability of the infringement — Failure to state reasons

Operative part of the judgment

The Court:

1.

Dismisses the main appeal and the cross-appeal;

2.

Orders Versalis SpA to pay the costs of the main appeal;

3.

Orders the European Commission to pay the costs of the cross-appeal.


(1)  OJ C 340, 19.11.2011.


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