# C_2020010EN.01002901.xml

| 13.1.2020 | EN | Official Journal of the European Union | C 10/29 |
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13.1.2020

EN

Official Journal of the European Union

C 10/29

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Judgment of the General Court of 7 November 2019 — Campine and Campine Recycling v Commission

(Case T-240/17) (1)

(Competition - Agreements, decisions and concerted practices - Market for lead-acid car battery recycling - Decision finding an infringement of Article 101 TFEU - Fines - Value of purchases - Point 37 of the Guidelines on the method of setting fines - Obligation to state reasons - Rights of the defence - Evidence of the infringement - Concept of single or repeated infringement - Duration of the infringement - Interruption of participation in the infringement - Restriction of competition by object - Mitigating circumstances - Unlimited jurisdiction)

(2020/C 10/39)

Language of the case: English

Parties

Applicants: Campine NV (Beerse, Belgium) and Campine Recycling NV (Beerse) (represented by: C. Verdonck, S. De Cock, Q. Silvestre and B. Gielen, lawyers)

Defendant: European Commission (represented by: F. van Schaik, S. Baches Opi and M. Farley, Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision C(2017) 900 final of 8 February 2017 relating to a proceeding under Article 101 TFEU (Case AT.40018 — Car battery recycling), in so far as it concerns the applicants, or, in the alternative, cancellation or a reduction of the amount of the fine imposed on the applicants in that decision.

Operative part of the judgment

The Court:

| 1. | Annuls Article 1 of Commission Decision C(2017) 900 final of 8 February 2017 relating to a proceeding under Article 101 TFEU (Case AT.40018 — Car battery recycling) in so far as it refers to the period from 10 February 2010 to 10 January 2011 and the period from 4 April 2011 to 7 March 2012, to the extent that it concerns Campine NV and Campine Recycling NV; |
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1.

Annuls Article 1 of Commission Decision C(2017) 900 final of 8 February 2017 relating to a proceeding under Article 101 TFEU (Case AT.40018 — Car battery recycling) in so far as it refers to the period from 10 February 2010 to 10 January 2011 and the period from 4 April 2011 to 7 March 2012, to the extent that it concerns Campine NV and Campine Recycling NV;

| 2. | Annuls Article 2 of Decision C(2017) 900 final in so far as it sets the amount of the fine imposed on Campine and Campine Recycling at EUR 8 158 000; |
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2.

Annuls Article 2 of Decision C(2017) 900 final in so far as it sets the amount of the fine imposed on Campine and Campine Recycling at EUR 8 158 000;

| 3. | Sets the amount of the fine imposed on Campine and Campine Recycling in Article 2 of Decision C(2017) 900 final at EUR 4 275 648; |
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3.

Sets the amount of the fine imposed on Campine and Campine Recycling in Article 2 of Decision C(2017) 900 final at EUR 4 275 648;

| 4. | Dismisses the action as to the remainder; |
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4.

Dismisses the action as to the remainder;

| 5. | Orders Campine and Campine Recycling to bear two thirds of their own costs; |
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5.

Orders Campine and Campine Recycling to bear two thirds of their own costs;

| 6. | Orders the European Commission to bear its own costs and to pay one third of the costs of Campine and Campine Recycling. |
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6.

Orders the European Commission to bear its own costs and to pay one third of the costs of Campine and Campine Recycling.

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(1)  OJ C 202, 26.6.2017.

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