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Judgment of the General Court (Seventh Chamber, Extended Composition) of 23 November 2022.
Westfälische Drahtindustrie GmbH and Others v European Commission.
Action for annulment and for damages – Competition – Agreements, decisions and concerted practices – European market for prestressing steel – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Suspension of the obligation to provide a bank guarantee – Payment by instalments on a provisional basis – Judgment annulling the decision in part and setting a fine in an amount identical to the amount of the fine originally imposed – Application of payments made on a provisional basis – Default interest – First paragraph of Article 266 TFEU – Unjust enrichment – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Recovery of undue payments – No legal basis – Unlawfulness.
Case T-275/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:T:2022:723

Judgment of the General Court (Ninth Chamber) of 22 June 2022.
thyssenkrupp AG v European Commission.
Competition – Concentrations – Market for the production and distribution of flat carbon steel – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Relevant market – Assessment of the effects of the transaction on competition – Commitments – Obligation to state reasons.
Case T-584/19.

ECLI identifier: ECLI:EU:T:2022:386

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.
Deutsche Lufthansa AG and Others v European Commission.
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Effect on trade between Member States – State coercion – Single and continuous infringement.
Case T-342/17.

ECLI identifier: ECLI:EU:T:2022:183

Judgment of the General Court (Ninth Chamber) of 9 February 2022.
GEA Group AG v European Commission.
Competition – Agreements, decisions and concerted practices – European markets in tin stabilisers and in ESBO/esters heat stabilisers – Decision establishing an infringement of Article 81 EC – Decision amending the initial decision annulled – Decision rejecting a request for repayment of the fine – Action for annulment – Actionable measure – Interest in bringing proceedings – Admissibility – Article 266(1) TFEU.
Case T-195/19.

ECLI identifier: ECLI:EU:T:2022:65

Judgment of the General Court (Tenth Chamber, Extended Composition) of 2 February 2022.
Scania AB and Others v European Commission.
Competition – Agreements, decisions and concerted practices – Truck manufacturers market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies and the passing on to customers of the costs relating to those technologies – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Principle of impartiality – Charter of Fundamental Rights – Single and continuous infringement – Restriction of competition by object – Geographic scope of the infringement – Fine – Proportionality – Equal treatment – Unlimited jurisdiction.
Case T-799/17.

Court reports – general

ECLI identifier: ECLI:EU:T:2022:48

Judgment of the General Court (Seventh Chamber) of 11 July 2019.
Silver Plastics GmbH & Co. KG and Johannes Reifenhäuser Holding GmbH & Co. KG v European Commission.
Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Evidence of involvement in a cartel — Single and continuous infringement — Principle of equality of arms — ‘Right to confront’ — 2006 Leniency Notice — Significant added value — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment — Upper limit of the fine.
Case T-582/15.

ECLI identifier: ECLI:EU:T:2019:497

Judgment of the General Court (Seventh Chamber) of 11 July 2019.
Huhtamäki Oyj and Huhtamaki Flexible Packaging Germany GmbH & Co.KG v European Commission.
Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Evidence of involvement in the cartel — Single and continuous infringement — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment.
Case T-530/15.

ECLI identifier: ECLI:EU:T:2019:498

Judgment of the General Court (Fourth Chamber) of 13 July 2018.
Stührk Delikatessen Import GmbH & Co. KG v European Commission.
Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price fixing and the exchange of commercially sensitive information — Single and continuous infringement — Fines — Principle that offences and penalties must be defined by law — 2006 guidelines on the setting of fines — Mitigating factors — Substantially limited involvement — Cooperation during the administrative procedure — Maximum of 10% of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Paragraph 37 of the 2006 guidelines on the setting of fines — Equal treatment — Obligation to state reasons.
Case T-58/14.

ECLI identifier: ECLI:EU:T:2018:474

Judgment of the General Court (Eighth Chamber) of 12 July 2018.
NKT Verwaltungs GmbH, formerly nkt cables GmbH and NKT A/S, formerly NKT Holding A/S v European Commission.
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Evidence of the infringement — Duration of Involvement — Public Distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction.
Case T-447/14.

ECLI identifier: ECLI:EU:T:2018:443

Judgment of the General Court (First Chamber) of 3 July 2018.
Keramag Keramische Werke GmbH, formerly Keramag Keramische Werke AG and Others v European Commission.
Competition — Agreements, decisions and concerted practices — French bathroom fittings and fixtures market — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Participation of certain entities in a cartel — Reassessment of the evidence.
Joined Cases T-379/10 RENV and T-381/10 RENV.

ECLI identifier: ECLI:EU:T:2018:400