# C_2011355EN.01001501.xml

| 3.12.2011 | EN | Official Journal of the European Union | C 355/15 |
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3.12.2011

EN

Official Journal of the European Union

C 355/15

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Judgment of the General Court of 25 October 2011 — Aragonesas Industrias y Energía v Commission

(Case T-348/08) (1)

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(Competition - Agreements, decisions and concerted practices - Sodium chlorate market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Action for annulment - Market-sharing - Price-fixing - Body of evidence - Date of the evidence - Statements of competitors - Acknowledgment - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances)

2011/C 355/23

Language of the case: English

Parties

Parties

Applicant: Aragonesas Industrias y Energía, SA (Barcelona, Spain) (represented by: I.S. Forrester QC, and K. Struckmann, P. Lindfelt and J. Garcia-Nieto Esteva, lawyers)

Applicant:

Defendant: European Commission (represented by: A. Biolan, J. Bourke and R. Sauer, Agents)

Defendant:

Re:

Re:

Application, primarily, for the annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) to the extent to which it concerns Aragonesas Industrias y Energía and, in the alternative, for the annulment or a substantial reduction of the fine imposed on it in that decision

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 1(g) of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) in so far as the Commission of the European Communities found therein an infringement by Aragonesas Industrias y Energía, SAU, from 16 December 1996 to 27 January 1998 and from 1 January 1999 to 9 February 2000; |
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1.

Annuls Article 1(g) of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) in so far as the Commission of the European Communities found therein an infringement by Aragonesas Industrias y Energía, SAU, from 16 December 1996 to 27 January 1998 and from 1 January 1999 to 9 February 2000;

| 2. | Annuls Article 2(f) of Decision C(2008) 2626 final in so far as its sets the amount of the fine at EUR 9 900 000; |
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2.

Annuls Article 2(f) of Decision C(2008) 2626 final in so far as its sets the amount of the fine at EUR 9 900 000;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders Aragonesas Industrias y Energía to bear a third of its own costs and half of those incurred by the Commission; |
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4.

Orders Aragonesas Industrias y Energía to bear a third of its own costs and half of those incurred by the Commission;

| 5. | Orders the Commission to bear half of its own costs and two thirds of those incurred by Aragonesas Industrias y Energía. |
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5.

Orders the Commission to bear half of its own costs and two thirds of those incurred by Aragonesas Industrias y Energía.

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(1)  OJ C 285, 8.11.2008.

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