Judgment of the General Court (Sixth Chamber) of 27 September 2012 — Dura Vermeer Infra v Commission

(Case T-352/06)

‛Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Rights of the defence’

1. Proceedings — Application initiating proceedings — Formal requirements — Brief 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.

Judgment of the General Court (Sixth Chamber) of 27 September 2012 — Dura Vermeer Infra v Commission

(Case T-352/06)

‛Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Rights of the defence’

1. Proceedings — Application initiating proceedings — Formal requirements — Brief 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;