Order — ECLI:EU:C:2013:772
Date: 2013-11-21
Language of the case: English
Court formation: Tenth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal against penalty
Origin: United Kingdom;Netherlands

Order of the Court (Tenth Chamber) of 21 November 2013 – Kuwait Petroleum Corp., Kuwait Petroleum International Ltd, Kuwait Petroleum (Nederland) BV v European Commission (Case C-581/12 P) 1 (Appeals – Agreements, decisions and concerted practices – Netherlands market in road pavement bitumen – Setting of the gross price of road pavement bitumen – Setting of a rebate for road builders – 2002 Leniency Notice – Last paragraph of point 23(b) – Partial immunity – Evidence relating to facts previously unknown to the European Commission – Appeal manifestly inadmissible or manifestly unfounded) Language of the case: English Parties Appellants: Kuwait Petroleum Corp., Kuwait Petroleum International Ltd, Kuwait Petroleum (Nederland) BV (represented by: D. Hull, Solicitor, and G. Berrisch, Rechtsanwalt) Other party to the proceedings: European Commission (represented by: F. Ronkes Agerbeek and P. Van Nuffel, Agents) Re: Appeal brought against the judgment of the General Court (Sixth Chamber) of 27 September 2012 in Case T-370/06 Kuwait Petroleum and Others v Commission, by which the General Court dismissed an action seeking partial annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 EC (Case COMP/F/38.456 – Bitumen (Netherlands)) concerning agreements on the fixing of the gross price of road pavement bitumen in the Netherlands and on the fixing of a uniform minimum rebate for road-builders participating in the cartel and a smaller maximum rebate for other road builders – Reduction of the fine imposed on the appellants. Operative part of the order The Court Dismisses the appeal; Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs. ____________ 1 OJ C 55, 23.2.2013.