# C_2015371EN.01000501.xml

| 9.11.2015 | EN | Official Journal of the European Union | C 371/5 |
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9.11.2015

EN

Official Journal of the European Union

C 371/5

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Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total SA v European Commission

(Case C-597/13 P) (1)

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((Appeals - Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Infringement committed by a subsidiary wholly owned by the parent company - Presumption of decisive influence exercised by the parent company over its subsidiary - Liability of the parent company arising solely from the unlawful conduct of its subsidiary - Judgment reducing the fine imposed on the subsidiary - Effects on the legal situation of the parent company))

(2015/C 371/06)

Language of the case: French

Parties

Parties

Appellant: Total SA (represented by: É. Morgan de Rivery and É. Lagathu, avocats)

Appellant:

Other party to the proceedings: European Commission (represented by: É. Gippini Fournier and P. Van Nuffel, acting as Agents)

Other party to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Sets aside the judgment of the General Court of the European Union in Total v Commission (T-548/08, EU:T:2013:434) in so far as it did not bring the fine imposed on Total SA into line with the fine imposed on Total Raffinage Marketing SA by the judgment in Total Raffinage Marketing v Commission (T-566/08, EU:T:2013:423); |
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1)

Sets aside the judgment of the General Court of the European Union in Total v Commission (T-548/08, EU:T:2013:434) in so far as it did not bring the fine imposed on Total SA into line with the fine imposed on Total Raffinage Marketing SA by the judgment in Total Raffinage Marketing v Commission (T-566/08, EU:T:2013:423);

| 2) | Dismisses the appeal as to the remainder; |
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2)

Dismisses the appeal as to the remainder;

| 3) | Sets the fine imposed on Total SA jointly and severally with Total Raffinage Marketing SA in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes) at EUR 12 5 4 59  842; |
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3)

Sets the fine imposed on Total SA jointly and severally with Total Raffinage Marketing SA in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes) at EUR 12 5 4 59  842;

| 4) | Orders Total SA to bear three quarters of the costs of the European Commission and of its own costs relating to the present appeal and the proceedings at first instance; |
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4)

Orders Total SA to bear three quarters of the costs of the European Commission and of its own costs relating to the present appeal and the proceedings at first instance;

| 5) | Orders the European Commission to bear one quarter of its own costs and of the costs of Total SA relating to the present appeal and the proceedings at first instance. |
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5)

Orders the European Commission to bear one quarter of its own costs and of the costs of Total SA relating to the present appeal and the proceedings at first instance.

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(1)  OJ C 45, 15.2.2014.

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