Order — ECLI:EU:C:2012:56
Date: 2012-02-02
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal against penalty
Origin: France

Order of the Court of 2 February 2012 - Elf Aquitaine SA v European Commission (C-404/11 P) 2 Appeal - Regulation (EC) No 1/2003 - Competition - Cartel - Sodium chlorate market - Concept of an 'undertaking' - Presumption of decisive influence - Scope of that presumption - Factors not capable of rebutting the presumption - Personal fine - Unlimited jurisdiction Language of the case: French Parties Appellant: Elf Aquitaine SA (represented by: E. Morgan de Rivery and E. Lagathu, avocats) Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and R. Sauer, acting as Agents) Re: Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-299/08 Elf Aquitaine v Commission, by which the General Court dismissed the action brought by the applicant for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.695 - Sodium chlorate) - Competition - Cartel - Infringement of the principles of conferral and proportionality - Manifestly erroneous interpretation - Infringement of the rights of the defence, of the principles of equality and equality of arms - Duty to state reasons - Illegality of the personal fine Operative part of the order The appeal is dismissed. Elf Aquitaine SA is ordered to pay the costs. ____________ 1 - 2 - OJ C 298, 8.10.2011.