Judgment of the General Court of 25 January 2023 — GEA Group v Commission

(Case T-640/16 RENV) (1)

(Competition - Agreements, decisions and concerted practices - European markets for tin-based heat stabilisers and for heat stabilisers with epoxidised soybean oil and esters as their base - Application of the ceiling of 10 % of turnover to one of the entities forming the undertaking - Annulment of the decision amending the fine imposed in the initial infringement decision - Admissibility - Interest in bringing proceedings - Fines - Limitation period - Concept of an ‘undertaking’ - Joint and several liability for payment of the fine - Rights of the defence - Right to a hearing - Equal treatment - Date by which the fine is payable in the event of amendment - Statement of reasons)

(2023/C 94/34)

Language of the case: English

Parties

Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: I. du Mont and C. Wagner, lawyers)

Defendant: European Commission (represented by: P. Rossi, V. Bottka and T. Baumé, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2016) 3920 final of 29 June 2016 amending Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article [101 TFEU] and Article 53 of the EEA Agreement (AT.38589 — Heat stabilisers).

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders GEA Group AG to bear its own costs and to pay those incurred by the European Commission in the proceedings T-640/16, T-640/16 RENV and C-823/18 P.

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(1)  OJ C 392, 24.10.2016.