Judgment of the Court (Grand Chamber) of 26 November 2013 — Kendrion NV v European Commission

(Case C-50/12 P) (1)

(Appeal - Competition - Cartels - Industrial plastic bags sector - Whether the infringement by a subsidiary may be attributed to the parent company - Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary - Excessive length of the proceedings before the General Court - Principle of effective legal protection)

2014/C 39/03

Language of the case: Dutch

Parties

Appellant: Kendrion NV (represented by: P. Glazener and T. Ottervanger, advocaten)

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

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-54/06 Kendrion v Commission, by which the General Court dismissed an application for annulment of Commission Decision C(2005) 4634 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 is addressed to Kendrion, concerning a cartel in the industrial plastic bags sector, and application for annulment or, in the alternative, reduction of the fine imposed on Kendrion.

Operative part of the judgment

The Court:

(1)  OJ C 80, 17.3.2012.