CELEX: 62013CA0597
Language: en
Date: 2015-09-17 00:00:00
Title: Case C-597/13 P: Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total SA v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Infringement committed by a subsidiary wholly owned by the parent company — Presumption of decisive influence exercised by the parent company over its subsidiary — Liability of the parent company arising solely from the unlawful conduct of its subsidiary — Judgment reducing the fine imposed on the subsidiary — Effects on the legal situation of the parent company)

9.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 371/5
            
         Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total SA v European Commission
   (Case C-597/13 P) (1)
   
   ((Appeals - Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Infringement committed by a subsidiary wholly owned by the parent company - Presumption of decisive influence exercised by the parent company over its subsidiary - Liability of the parent company arising solely from the unlawful conduct of its subsidiary - Judgment reducing the fine imposed on the subsidiary - Effects on the legal situation of the parent company))
   (2015/C 371/06)
   Language of the case: French
   
      Parties
   
   
      Appellant: Total SA (represented by: É. Morgan de Rivery and É. Lagathu, avocats)
   
      Other party to the proceedings: European Commission (represented by: É. Gippini Fournier and P. Van Nuffel, acting as Agents)
   
      Operative part of the judgment
   
   The Court:
   
               1)
            
            
               Sets aside the judgment of the General Court of the European Union in Total v Commission (T-548/08, EU:T:2013:434) in so far as it did not bring the fine imposed on Total SA into line with the fine imposed on Total Raffinage Marketing SA by the judgment in Total Raffinage Marketing v Commission (T-566/08, EU:T:2013:423);
            
         
               2)
            
            
               Dismisses the appeal as to the remainder;
            
         
               3)
            
            
               Sets the fine imposed on Total SA jointly and severally with Total Raffinage Marketing SA in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes) at EUR 12 5 4 59  842;
            
         
               4)
            
            
               Orders Total SA to bear three quarters of the costs of the European Commission and of its own costs relating to the present appeal and the proceedings at first instance;
            
         
               5)
            
            
               Orders the European Commission to bear one quarter of its own costs and of the costs of Total SA relating to the present appeal and the proceedings at first instance.
            
         
      (1)  OJ C 45, 15.2.2014.