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Document 62011CA0508

    Case C-508/11 P P: Judgment of the Court (First Chamber) of 8 May 2013 — Eni SpA v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of the actual exercise of a decisive influence — Obligation to state reasons — Gravity of the infringement — Multiplier for deterrence — Actual impact on the market — Aggravating circumstances — Repeated infringements)

    SL C 225, 3.8.2013, p. 11–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    3.8.2013   

    EN

    Official Journal of the European Union

    C 225/11


    Judgment of the Court (First Chamber) of 8 May 2013 — Eni SpA v European Commission

    (Case C-508/11 P P) (1)

    (Appeals - Competition - Agreements, decisions and concerted practices - Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation - Attributability of unlawful conduct of subsidiaries to their parent companies - Presumption of the actual exercise of a decisive influence - Obligation to state reasons - Gravity of the infringement - Multiplier for deterrence - Actual impact on the market - Aggravating circumstances - Repeated infringements)

    2013/C 225/17

    Language of the case: Italian

    Parties

    Appellant: Eni SpA (represented by: G.M. Roberti and I. Perego, avvocati)

    Other party to the proceedings: European Commission (represented by: V. Di Bucci, G. Conte and M.L. Malferrari, Agents)

    Re:

    Appeal against the judgment of the General Court (First Chamber) of 13 July 2011 — Case T-39/07 Eni v Commission by which the General Court dismissed in part the action seeking the annulment, as regards Eni SpA, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 — butadiene rubber and emulsion styrene-butadiene rubber), or, in the alternative, the annulment or reduction of the fine imposed on Eni — Evidence of infringement — Imputability of the infringement — Failure to state reasons

    Operative part of the judgment

    The Court:

    1.

    Dismisses the main appeal and the cross-appeal;

    2.

    Orders Eni SpA to pay the costs of the main appeal;

    3.

    Orders the European Commission to pay the costs of the cross-appeal.


    (1)  OJ C 340, 19.11.2011.


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