12.3.2011

Official Journal of the European Union

C 80/2

Judgment of the Court (First Chamber) of 20 January 2011 — General Química SA, Repsol Química SA, Repsol YPF SA v European Commission

(Case C-90/09 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Rubber chemicals sector - Decision finding an infringement of Article 81 EC - Group of undertakings - Joint and several liability of a parent company for infringements of the competition rules committed by its subsidiaries - Attribution of liability to the parent company at the head of a group)

2011/C 80/03

Language of the case: Spanish

Parties

Appellants: General Química SA, Repsol Química SA, Repsol YPF SA (represented by: J.M. Jiménez-Laiglesia Oñate and J. Jiménez-Laiglesia Oñate, abogados)

Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and E. Grippini Fournier, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 in Case T-85/06 General Química and Others v Commission, by which the Court of First Instance dismissed the application for the partial annulment of Commission Decision 2006/902/CE of 21 December 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement against Flexsys NV, Bayer AG, Crompton Manufacturing Company Inc. (former Uniroyal Chemical Company Inc.), Crompton Europe Ltd, Chemtura Corporation (former Crompton Corporation), General Química SA, Repsol Química SA and Repsol YPF SA (Case No COMP/F/C.38.443 — Rubber chemicals) (OJ 2006 L 353, p. 50) and, in the lesser alternative, seeking a reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

Sets aside the judgment of the Court of First Instance of the European Communities of 18 December 2008 in Case T-85/06 General Química and Others v Commission, in so far as it dismisses the action brought by General Química SA, Repsol Química SA and Repsol YPF SA seeking annulment of Commission Decision 2006/902/EC of 21 December 2005 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement against Flexsys NV, Bayer AG, Crompton Manufacturing Company Inc. (formerly Uniroyal Chemical Company Inc.), Crompton Europe Ltd, Chemtura Corporation (formerly Crompton Corporation), General Química SA, Repsol Química SA and Repsol YPF SA (Case No COMP/F/C.38.443 — Rubber chemicals), in so far as, first, the Court of First Instance did not set out the reasons behind its conclusion that the order given by Repsol Qímica SA to General Química SA to cease any practice which might constitute an infringement of the competition rules was sufficient, in itself, to prove that Repsol Química SA exercised a decisive influence over General Química SA’s policy not only on the market but also as regards the unlawful conduct at issue in Decision 2006/902 and, second, the Court of First Instance failed to conduct a concrete examination of the evidence submitted by General Química SA, Repsol Química SA and Repsol YPF SA to demonstrate General Química SA’s independence in determining and implementing its commercial policy;

2.	Dismisses the appeal as to the remainder;

3.	Dismisses the action brought by General Química SA, Repsol Química SA and Repsol YPF SA before the Court of First Instance of the European Communities;

4.	Orders each party to bear its own costs relating to the appeal and orders General Química SA, Repsol Química SA and Repsol YPF SA to pay all of the costs at first instance.

(1) OJ C 90, 18.4.2009.