Order of the Court (Tenth Chamber) of 21 November 2013 — Kuwait Petroleum and Others v Commission

(Case C‑581/12 P)

‛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’

Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 28)

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

1. Dismisses the appeal;

2. Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs.

Order of the Court (Tenth Chamber) of 21 November 2013 — Kuwait Petroleum and Others v Commission

(Case C‑581/12 P)

‛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’

Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 28)

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

1. Dismisses the appeal;