Judgment;Information — ECLI:EU:T:2019:497
Date: 2019-07-11
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Appeal against penalty - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see para. 196) 10. Competition — Administrative procedure — Hearings — Hearing of certain persons — Discretion of the Commission — Limit — Observance of the rights of the defence (Art. 101 TFEU; Commission Regulation No 773/2004, Arts 10(3) and 13) (see para. 202) 11. Competition — Administrative procedure — Observance of the rights of the defence — Scope of the principle — Limits — Right of the undertaking to cross-examine the witnesses — Not included (Art. 101(1) TFEU) (see paras 216, 217) 12. Judicial proceedings — Measures of inquiry — Hearing of witnesses — Discretion of the General Court — Relevance of the principle of the right to a fair process (Rules of Procedure of the General Court, Art. 91) (see paras 226-230) 13. Competition — Fines — Amount — Determination — Leniency rules — Non-imposition or reduction of the fine in return for the cooperation of the undertaking concerned — Conditions (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2); Commission notice 2006/C 298/11) (see paras 241, 245) 14. Competition — EU rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of dominant influence exercised by parent company over its wholly owned or almost wholly owned subsidiaries — Evidential obligations of the company seeking to rebut that presumption — Factors insufficient to rebut the presumption (Art. 101 TFEU; Council Regulation No 1/2003, Art. 23(2)) (see paras 255-264, 272, 276) 15. Competition — Fines — Amount — Determination — Adjustment of the basic amount — Maximum amount — Calculation — Turnover to be taken into consideration — Turnover for the business year immediately preceding the date on which the fine was imposed (Art. 101 TFEU; Council Regulation No 1/2003, Art. 23(2)) (see paras 287-294) 16. Competition — Fines — Amount — Determination — Determination of the basic amount — Gravity of the infringement — Entry fee — Factors to be taken into consideration (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission notice 2006/C 210/02, points 20 to 23 and 25) (see paras 322-325, 338, 341, 344, 345) 17. Competition — Fines — Amount — Determination — Discretion of the Commission — Judicial review — Unlimited jurisdiction of the EU judicature — Scope (Arts 261 and 263 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Regulation No 1/2003, Art. 31) (see paras 361, 362) Re: Action under Article 263 TFEU seeking, principally, the annulment in part of Commission Decision C(2015) 4336 final of 24 June 2015 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail Food Packaging) and, in the alternative, the reduction of the fines imposed on the applicants. Operative part The Court: 1. Dismisses the action; 2. Orders Silver Plastics GmbH & Co. KG and Johannes Reifenhäuser Holding GmbH & Co. KG to pay the costs.