Judgment — ECLI:EU:T:2011:667
Date: 2011-11-16
Language of the case: Dutch
Court formation: Fourth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Appeal against penalty - inadmissible;Appeal against penalty - unfounded
Origin: Netherlands

summary of the pleas in law on which the application is based – Admissibility of a reference to documents submitted to the same court in another case – Essential condition – Parties, in particular the applicants, must be the same in both cases – No possibility of remedying an infringement of the principle by reproducing the pleas concerned in the reply (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)) (see paras 125-127) 7. Competition – Community rules – Infringements – Fines – Determination – Criteria – Raising of the general level of fines – Lawfulness (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 133-134) 8. Competition – Fines – Amount – Determination – Criteria – Overall turnover of the undertaking concerned – Turnover corresponding to the goods covered by the infringement – To be taken into consideration – Limits (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 141-143) 9. Competition – Fines – Amount – Determination – Criteria – Financial situation of the undertaking concerned – To be taken into consideration – No obligation on the Commission to request detailed information on the financial situation of the undertaking (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03, Section 5(b)) (see paras 161-163, 165) 10. Competition – Fines – Amount – Determination – Division of the undertakings concerned into different categories – Conditions (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03, Section 1A) (see paras 182-183) Re: APPLICATION for annulment of Commission Decision C (2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 – Industrial bags), in so far as it is addressed to the applicant, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on the applicant. Operative part The Court: 1. Dismisses the action; 2. Orders Kendrion NV to pay the costs.