Judgment of the Court (Tenth Chamber) of 9 October 2014 — ICF v Commission

(Case C‑467/13 P) ( 1 )

‛Appeals — Agreements, decisions and concerted practices — World market in aluminium fluoride — Rights of the defence — Content of the statement of objections — Calculation of the amount of the fine — 2006 guidelines for the calculation of fines — Point 18 — Total value of sales of goods or services in relation to the infringement — Obligation to state reasons — Reasonable time period — Reduction of the amount of the fine’

1. Appeals — Grounds — Admissibility — Conditions — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted — Assessment of the potential influence of a document not disclosed by the Commission on the content of a contested decision — Question in respect of which the General Court has exclusive jurisdiction (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26-29)

2. Appeals — Grounds — Admissibility — Conditions — Ground of appeal alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30-32)

3. Competition — Administrative procedure — Statement of objections — Provisional nature — Abandonment of objections proving to be unfounded — Obligation of the Commission to inform persons concerned thereof by an additional statement of objections — Not included (Council Regulation No 1/2003, Art. 27) (see paras 33-38)

4. Competition — Fines — Amount — Determination — Criteria — Guidelines adopted by the Commission — Basic amount of the fine — Worldwide market-sharing arrangements — Calculation on the basis of the value of the sales related to the infringement in the relevant geographical sector — Concept which concerns the value of the sales of the undertakings participating in the infringement (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Communication 2006/C 210/02, para. 18) (see paras 47, 48)

5. Competition — Fines — Amount — Determination — Whether the Commission is obliged to abide by its previous decision-making practice — No such obligation (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2)) (see para. 50)

6. Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 52, 53, 64)

7. Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Proceedings concerning an infringement of the competition rules — Failure to act within a reasonable time — Consequences — Non-contractual liability — Application based on an excessive length of the proceedings before the General Court — Composition of the Chamber delivering the judgment (Charter of fundamental rights of the European Union, Art. 47, second para.) (cf. points 57, 58)

8. Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Criteria for assessment (Charter of fundamental rights of the European Union, Art. 47, second para.) (see paras 59, 60)

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Industries Chimiques du Fluor (ICF) to pay the costs.

( 1 ) OJ C 336, 16.11.2013.

Judgment of the Court (Tenth Chamber) of 9 October 2014 — ICF v Commission

(Case C‑467/13 P) ( 1 )

‛Appeals — Agreements, decisions and concerted practices — World market in aluminium fluoride — Rights of the defence — Content of the statement of objections — Calculation of the amount of the fine — 2006 guidelines for the calculation of fines — Point 18 — Total value of sales of goods or services in relation to the infringement — Obligation to state reasons — Reasonable time period — Reduction of the amount of the fine’

1. Appeals — Grounds — Admissibility — Conditions — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted — Assessment of the potential influence of a document not disclosed by the Commission on the content of a contested decision — Question in respect of which the General Court has exclusive jurisdiction (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26-29)

2. Appeals — Grounds — Admissibility — Conditions — Ground of appeal alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 30-32)

3. Competition — Administrative procedure — Statement of objections — Provisional nature — Abandonment of objections proving to be unfounded — Obligation of the Commission to inform persons concerned thereof by an additional statement of objections — Not included (Council Regulation No 1/2003, Art. 27) (see paras 33-38)

4. Competition — Fines — Amount — Determination — Criteria — Guidelines adopted by the Commission — Basic amount of the fine — Worldwide market-sharing arrangements — Calculation on the basis of the value of the sales related to the infringement in the relevant geographical sector — Concept which concerns the value of the sales of the undertakings participating in the infringement (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Communication 2006/C 210/02, para. 18) (see paras 47, 48)

5. Competition — Fines — Amount — Determination — Whether the Commission is obliged to abide by its previous decision-making practice — No such obligation (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2)) (see para. 50)

6. Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 52, 53, 64)

7. Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Proceedings concerning an infringement of the competition rules — Failure to act within a reasonable time — Consequences — Non-contractual liability — Application based on an excessive length of the proceedings before the General Court — Composition of the Chamber delivering the judgment (Charter of fundamental rights of the European Union, Art. 47, second para.) (cf. points 57, 58)

8. Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Criteria for assessment (Charter of fundamental rights of the European Union, Art. 47, second para.) (see paras 59, 60)

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Industries Chimiques du Fluor (ICF) to pay the costs.

( 1 ) OJ C 336, 16.11.2013.