CELEX: 62011CA0446
Language: en
Date: 2013-12-05 00:00:00
Title: Case C-446/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — European Commission v Edison SpA (Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Obligation to state reasons)

15.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/4
            
         Judgment of the Court (Second Chamber) of 5 December 2013 — European Commission v Edison SpA
   (Case C-446/11 P) (1)
   
   (Appeals - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Obligation to state reasons)
   2014/C 45/06
   Language of the case: Italian
   
      Parties
   
   
      Appellant: European Commission (represented by: V. Di Bucci and V. Bottka, Agents)
   
      Other party to the proceedings: Edison SpA (represented by: M. Siragusa, R. Casati, M. Beretta, P. Merlino, F. Cannizzaro and E. Bruti Liberati, avvocati)
   
      Re:
   
   Appeal against the judgment of the General Court (Sixth Chamber) of 16 June 2011 in Case T-196/06 Edison v Commission, by which the General Court annulled Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen Peroxide and perborate), in so far as it concerns Edison SpA — Rules on the imputability of the anti-competitive practices of a subsidiary to its parent company — Infringement of the rights of the defence and of the obligation to state reasons.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders the Commission to bear its own costs.
            
         
      (1)  OJ C 311, 22.10.2011.