CELEX: 62006TJ0065
Language: en
Date: 2012-03-06 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 6 March 2012. # FLSmidth & Co. A/S v European Commission. # Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability. # Case T-65/06.

Subject of the case
               Operative part
               
            
            Subject of the case
            Re: 
            APPLICATION for the partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicant by that decision.
            
            Operative part
            Operative part 
            The Court:
            1. Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds FLSmidth & Co. A/S liable for the single and continuous infringement referred to in Article 1(1) thereof, for the period from 31 December 1990 to 31 December 1991;
            2. Sets the amount for payment of which FLSmidth & Co. is held jointly and severally liable under Article 2(f) of Decision C(2005) 4634 at EUR 14.45 million;
            3. Dismisses the action as to the remainder;
            4. Orders the European Commission and FLSmidth & Co. each to bear their own costs.