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Document C2007/170/11

    Case C-76/06 P: Judgment of the Court (Fourth Chamber) of 7 June 2007 — Britannia Alloys & Chemicals Ltd v Commission of the European Communities (Appeals — Competition — Agreements, decisions and concerted practices — Fines — Preceding business year for determining the turnover on which the calculation of the fine is based)

    IO C 170, 21.7.2007, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    21.7.2007   

    EN

    Official Journal of the European Union

    C 170/7


    Judgment of the Court (Fourth Chamber) of 7 June 2007 — Britannia Alloys & Chemicals Ltd v Commission of the European Communities

    (Case C-76/06 P) (1)

    (Appeals - Competition - Agreements, decisions and concerted practices - Fines - ‘Preceding business year’ for determining the turnover on which the calculation of the fine is based)

    (2007/C 170/11)

    Language of the case: English

    Parties

    Appellant: Britannia Alloys & Chemicals Ltd (represented by: S. Mobley and M. Commons, solicitors)

    Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre, Agent)

    Re:

    Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 29 November 2005 in Case T-33/02 Britannia Alloys and Chemicals Ltd v Commission of the European Communities, dismissing as unfounded an application for partial annulment of Commission Decision C(2001)4237 final of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E-1/37.027 — Zinc phosphate) or, in the alternative, reduction of the amount of the fine imposed on the applicant — Infringement of Article 15(2) of Regulation No 17/62 — Breach of the principles of equality and legal certainty

    Operative part of the judgment

    The Court:

    1.

    Dismisses the appeal;

    2.

    Orders Britannia Alloys & Chemicals Ltd to pay the costs.


    (1)  OJ C 108, 6.5.2006.


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