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21.4.2012 |
EN |
Official Journal of the European Union |
C 118/21 |
Judgment of the General Court of 6 March 2012 — UPM-Kymmene v Commission
(Case T-53/06) (1)
(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Duration of the infringement - Single and continuous infringement - Fines - Gravity of the infringement - Mitigating circumstances - Undertaking playing a passive role - Proportionality)
2012/C 118/34
Language of the case: English
Parties
Applicant: UPM-Kymmene Oyj (Helsinki, Finland) (represented initially by: B. Amory, E. Friedel and F. Bimont, subsequently by B. Amory, E. Friedel, F. Bimont and F. Amato, and finally by B. Amory, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)
Re:
Application for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags).
Operative part of the judgment
The Court:
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1. |
Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds UPM-Kymmene Oyj liable for the single and continuous infringement referred to in Article 1(1) thereof, in respect of the period prior to 10 October 1995; |
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2. |
Sets the amount of the fine imposed by Article 2(j) of that decision at EUR 50.7 million; |
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3. |
Dismisses the action as to the remainder; |
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4. |
Orders the European Commission and UPM-Kymmene each to bear their own costs. |