Judgment of the General Court of 15 July 2015 — GEA Group v Commission

(Case T-189/10) (1)

((Competition - Agreements, decisions and concerted practices - European markets in heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Infringement committed by subsidiaries - Fines - Joint and several liability of the subsidiaries and the parent company - Exceeding the 10 % ceiling for one of the subsidiaries - Decision readopted - Reduction of the fine for that subsidiary - Attribution to the other subsidiary and the parent company of the obligation to pay the reduced fine - Rights of the defence - Right to be heard - Right of access to the file))

(2015/C 302/40)

Language of the case: German

Parties

Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: A. Kallmayer, I. du Mont and G. Schiffers, lawyers)

Defendant: European Commission (represented by: R. Sauer and F. Ronkes Agerbeek, acting as Agents, and W. Berg, lawyer)

Re:

Application for annulment of Commission Decision C(2010) 727 of 8 February 2010, amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers) or, in the alternative, a reduction of the amount of the fines imposed on the applicant.

Operative part of the judgment

The Court:

(1)  OJ C 179, 3.7.2010.