Judgment — ECLI:EU:C:2014:326
Date: 2014-05-15
Language of the case: English
Court formation: Second Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal against penalty
Origin: Slovakia

Judgment of the Court (Second Chamber) of 15 May 2014 — 1. garantovaná a.s. v European Commission (Case C-90/13 P) 1 (Appeal — Competition — Regulation (EC) No 1/2003 — Agreements, decisions and concerted practices — Calculation of the amount of the fine — Total turnover in the preceding business year) Language of the case: English Parties Appellant: 1. garantovaná a.s. (represented by: K. Lasok QC, J. Holmes and B. Hartnett, Barristers, O. Geiss, Rechtsanwalt) Other party to the proceedings: European Commission (represented by: T. Vecchi and N. Khan, acting as Agents) Re: Appeal brought against the judgment of the General Court (Third Chamber) of 12 December 2012 in Case T-392/09 1. garantovaná v Commission by which the General Court dismissed an action for partial annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel industry), concerning a cartel on the markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the EEA, involving price fixing, market sharing and exchange of information, and, in the alternative, for reduction of the fine imposed on the appellant — Calculation of the fine — Upper limit of 10% of turnover — Relevant turnover Operative part of the judgment The Court: 1. Dismisses the appeal; 2. Orders 1. garantovaná a.s. to pay the costs. ____________ 1 OJ C 114, 20.4.2013.