CELEX: 62011CB0404
Language: en
Date: 2012-02-02 00:00:00
Title: Case C-404/11 P: Order of the Court of 2 February 2012 — Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction)

5.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 133/11
            
         Order of the Court of 2 February 2012 — Elf Aquitaine SA v European Commission
   (Case C-404/11 P) (1)
   
   (Appeal - Regulation (EC) No 1/2003 - Competition - Cartel - Sodium chlorate market - Concept of an ‘undertaking’ - Presumption of decisive influence - Scope of that presumption - Factors not capable of rebutting the presumption - Personal fine - Unlimited jurisdiction)
   2012/C 133/20
   Language of the case: French
   
      Parties
   
   
      Appellant: Elf Aquitaine SA (represented by: E. Morgan de Rivery and E. Lagathu, avocats)
   
      Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and R. Sauer, acting as Agents)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-299/08 Elf Aquitaine v Commission, by which the General Court dismissed the action brought by the applicant for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) — Competition — Cartel — Infringement of the principles of conferral and proportionality — Manifestly erroneous interpretation — Infringement of the rights of the defence, of the principles of equality and equality of arms — Duty to state reasons — Illegality of the personal fine
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Elf Aquitaine SA is ordered to pay the costs.
            
         
      (1)  OJ C 298, 8.10.2011.