CELEX: C2007/170/11
Language: en
Date: 2007-07-21 00:00:00
Title: Case C-76/06 P: Judgment of the Court (Fourth Chamber) of 7 June 2007 — Britannia Alloys & Chemicals Ltd v Commission of the European Communities (Appeals — Competition — Agreements, decisions and concerted practices — Fines — Preceding business year for determining the turnover on which the calculation of the fine is based)

21.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 170/7
            
         Judgment of the Court (Fourth Chamber) of 7 June 2007 — Britannia Alloys & Chemicals Ltd v Commission of the European Communities
   (Case C-76/06 P) (1)
   
   (Appeals - Competition - Agreements, decisions and concerted practices - Fines - ‘Preceding business year’ for determining the turnover on which the calculation of the fine is based)
   (2007/C 170/11)
   Language of the case: English
   Parties
   
      Appellant: Britannia Alloys & Chemicals Ltd (represented by: S. Mobley and M. Commons, solicitors)
   
      Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre, Agent)
   Re:
   Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 29 November 2005 in Case T-33/02 Britannia Alloys and Chemicals Ltd v Commission of the European Communities, dismissing as unfounded an application for partial annulment of Commission Decision C(2001)4237 final of 11 December 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E-1/37.027 — Zinc phosphate) or, in the alternative, reduction of the amount of the fine imposed on the applicant — Infringement of Article 15(2) of Regulation No 17/62 — Breach of the principles of equality and legal certainty
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Britannia Alloys & Chemicals Ltd to pay the costs.
            
         
      (1)  OJ C 108, 6.5.2006.