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Document 62011CJ0446

    Commission / Edison

    Court reports – general – 'Information on unpublished decisions' section

    Judgment of the Court (Second Chamber) of 5 December 2013 — Commission v Edison

    (Case C‑446/11 P)

    ‛Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Obligation to state reasons’

    1. 

    Acts of the institutions — Statement of reasons — Obligation — Scope — Decision to apply competition rules — Decision relating to several addresses — Need for an adequate statement of reasons in particular with respect to the entity which must bear the liability for an infringement (Arts 81 EC and 253 EC) (see paras 20‑26, 64)

    2. 

    Acts of the institutions — Statement of reasons — Obligation — Scope — Decision to apply competition rules — Statement of reasons based on a matter not set out in the statement of objections — Unlawful — Correction of an error of reasoning during the proceedings before the Court — Not permissible (Arts 81 EC and 253 EC) (see paras 53‑55)

    3. 

    Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 230 EC and 253 EC) (see para. 63)

    Re:

    Appeal against the judgment of the General Court (Sixth Chamber) of 16 June 2011 in Case T‑196/06 Edison v Commission, by which the General Court annulled Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen Peroxide and perborate), in so far as it concerns Edison SpA — Rules on the imputability of the anti-competitive practices of a subsidiary to its parent company — Infringement of the rights of the defence and of the obligation to state reasons.

    Operative part

    The Court:

    1. 

    Dismisses the appeal;

    2. 

    Orders the Commission to pay the costs.
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