Judgment — ECLI:EU:C:2012:828
Date: 2012-12-19
Language of the case: Dutch
Court formation: Seventh Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Action for damages
Origin: Netherlands

Judgment of the Court (Seventh Chamber) of 19 December 2012 - Bavaria NV v European Commission (Case C-445/11 P)  (Appeal - Competition - Agreements, decisions and concerted practices - Dutch beer market - Commission decision finding an infringement of Article 81 EC - Fines - Duration of the administrative procedure - Level of the fine) Language of the case: Dutch Parties Appellant: Bavaria NV (represented by: O. Brouwer, P.W. Schepens and N. Al-Ani, advocaten) Other party to the proceedings: European Commission (represented by: P. Van Nuffel and F. Ronkes Agerbeek, acting as Agents, assisted by M. Slotboom, advocat) Re: Appeal brought against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-235/07 Bavaria v Commission by which the General Court annulled Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 - Dutch beer market) in so far as the European Commission found that Bavaria NV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual consumers in the on-trade segment in the Netherlands Operative part of the judgment The Court: 1. Dismisses the appeal; 2. Orders Bavaria NV to pay the costs. ____________ 1 - OJ C 340, 19.11.2011.