# C_2016098EN.01000201.xml

| 14.3.2016 | EN | Official Journal of the European Union | C 98/2 |
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14.3.2016

EN

Official Journal of the European Union

C 98/2

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Judgment of the Court (Fifth Chamber) of 21 January 2016 — Galp Energía España SA, Petróleos de Portugal (Petrogal) SA, Galp Energía SGPS SA v European Commission

(Case C-603/13 P) (1)

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((Appeal - Article 81 EC - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Market sharing and price coordination - Excessive length of the proceedings before the General Court - Article 261 TFEU - Regulation (EC) No 1/2003 - Article 31 - Unlimited jurisdiction - Article 264 TFEU - Annulment, in whole or in part, of the Commission’s decision))

(2016/C 098/02)

Language of the case: English

Parties

Parties

Appellants: Galp Energía España SA, Petróleos de Portugal (Petrogal) SA, Galp Energía SGPS SA (represented by: M. Slotboom, advocaat, and G. Gentil Anastácio, advogado)

Appellants:

Other party to the proceedings: European Commission (represented by: C. Urraca Caviedes and F. Castillo de la Torre, acting as Agents, and by J. Rivas Andrés, avocat, and G. Eclair-Heath, Solicitor)

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 of 16 September 2013 in Galp Energía España and Others v Commission (T-462/07, EU:T:2013:459) in so far as it fixes, in paragraph 3 of its operative part, the new amount of the fines imposed on GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA by taking account of the finding, made incorrectly by the General Court in the exercise of its unlimited jurisdiction in the grounds of that judgment, that GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA were aware of the participation of the other members of the cartel in the compensation mechanism and that they could also foresee the participation of those other members in the monitoring system, and, therefore, that the appellants could be held liable in that regard; |
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1.

Sets aside the judgment of the General Court of the European Union of 16 September 2013 in Galp Energía España and Others v Commission (T-462/07, EU:T:2013:459) in so far as it fixes, in paragraph 3 of its operative part, the new amount of the fines imposed on GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA by taking account of the finding, made incorrectly by the General Court in the exercise of its unlimited jurisdiction in the grounds of that judgment, that GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA were aware of the participation of the other members of the cartel in the compensation mechanism and that they could also foresee the participation of those other members in the monitoring system, and, therefore, that the appellants could be held liable in that regard;

Galp Energía España and Others

Commission

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

Dismisses the appeal as to the remainder;

| 3. | Fixes the amount of the fine imposed jointly and severally on GALP Energía España SA and Petróleos de Portugal SA in Article 2 of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 EC (Case COMP/38.710 — Bitumen (Spain) at EUR 7,7 million, of which GALP Energía SGPS SA is held jointly and severally liable for EUR 5,72 million; |
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3.

Fixes the amount of the fine imposed jointly and severally on GALP Energía España SA and Petróleos de Portugal SA in Article 2 of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 EC (Case COMP/38.710 — Bitumen (Spain) at EUR 7,7 million, of which GALP Energía SGPS SA is held jointly and severally liable for EUR 5,72 million;

| 4. | Orders GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA to bear two thirds of the costs of the European Commission and to pay two thirds of their own costs incurred in the context of the appeal, and to bear their own costs relating to the proceedings at first instance; |
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4.

Orders GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA to bear two thirds of the costs of the European Commission and to pay two thirds of their own costs incurred in the context of the appeal, and to bear their own costs relating to the proceedings at first instance;

| 5. | Orders the European Commission to bear one third of its own costs and to pay one third of those of GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA connected with the appeal proceedings, and to bear its own costs relating to the proceedings at first instance. |
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5.

Orders the European Commission to bear one third of its own costs and to pay one third of those of GALP Energía España SA, Petróleos de Portugal SA and GALP Energía SGPS SA connected with the appeal proceedings, and to bear its own costs relating to the proceedings at first instance.

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(1)  OJ C 24, 25.1.2014.

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