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Document 62006TA0064

    Case T-64/06: Judgment of the General Court of 6 March 2012 — FLS Plast v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability — Principle of ne bis in idem)

    SL C 118, 21.4.2012, p. 22–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    21.4.2012   

    EN

    Official Journal of the European Union

    C 118/22


    Judgment of the General Court of 6 March 2012 — FLS Plast v Commission

    (Case T-64/06) (1)

    (Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability - Principle of ne bis in idem)

    2012/C 118/35

    Language of the case: English

    Parties

    Applicant: FLS Plast A/S (Valby, Denmark) (represented initially by: K. Lasok QC and subsequently by M. Thill-Tayara, lawyer)

    Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)

    Re:

    Application for the partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

    Operative part of the judgment

    The Court:

    1.

    Annuls Commission Decision C(2005) 4634 final 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 holds FLS Plast A/S liable for the single and continuous infringement referred to in Article 1(1) thereof, for the period from 31 December 1990 to 31 December 1991;

    2.

    Sets the amount for payment of which FLS Plast is held jointly and severally liable under Article 2(f) of Decision C(2005) 4634 at EUR 14.45 million;

    3.

    Dismisses the action as to the remainder;

    4.

    Orders the European Commission and FLS Plast each to bear their own costs.


    (1)  OJ C 96, 22.4.2006.


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