Judgment — ECLI:EU:T:2012:483
Date: 2012-09-27
Language of the case: Dutch
Court formation: Sixth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded
Origin: Netherlands

summary of the pleas in law on which the application is based — Analogous requirements with regard to grounds in support of a plea — Grounds not set out in the application — General reference to documents annexed to the application — Inadmissibility — Reference to the application of another applicant — Inadmissible (Rules of Procedure of the General Court, Arts 44(1)(c) and 48(2)) (see paras 21-26, 29) 2. Competition — Union rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Reversal of the burden of proof and infringement of the principle of the presumption of innocence — None (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 2) (see paras 37-42, 45-46) 3. Competition — Administrative procedure — Statement of objections — Necessary content — Commission decision finding an infringement — Decision not identical to the statement of objections — Infringement of the rights of the defence — Condition — Demonstration by the undertaking concerned of the attribution of new grounds (Arts 81 EC and 82 EC; Council Regulation No 1/2003, Art. 27(1)) (see paras 64-68) 4. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision to apply competition rules — No obligation to discuss all the points of fact and law raised during the administrative procedure (Arts 81 EC, 82 EC and 253 EC) (see para. 77) Re: APPLICATION for 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)), in so far as it concerns the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Dura Vermeer Infra BV to pay the costs.