CELEX: 62006TA0206
Language: en
Date: 2011-06-07 00:00:00
Title: Case T-206/06: Judgment of the General Court of 7 June 2011 — Total and Elf Aquitaine v Commission (Competition — Agreements, decisions and concerted practices — Market for methacrylates — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Imputability of the unlawful conduct — Rights of the defence — Presumption of innocence — Obligation to state reasons — Principle of equal treatment — Principle that penalties must fit the offence — Principle of nullum crimen, nulla poena sine lege — Principle of sound administration — Principle of legal certainty — Misuse of powers — Fines — Attribution of liability for payment within a group of companies)

16.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/22
            
         Judgment of the General Court of 7 June 2011 — Total and Elf Aquitaine v Commission
   (Case T-206/06) (1)
   
   (Competition - Agreements, decisions and concerted practices - Market for methacrylates - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Imputability of the unlawful conduct - Rights of the defence - Presumption of innocence - Obligation to state reasons - Principle of equal treatment - Principle that penalties must fit the offence - Principle of nullum crimen, nulla poena sine lege - Principle of sound administration - Principle of legal certainty - Misuse of powers - Fines - Attribution of liability for payment within a group of companies)
   2011/C 211/47
   Language of the case: French
   
      Parties
   
   
      Applicants: Total and Elf Aquitaine (Courbevoie, France) and Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery and S. Thibault-Liger, lawyers)
   
      Defendant: European Commission (represented by: initially F. Arbault and V. Bottka, subsequently V. Bottka and F. Castillo de la Torre, Agents)
   
      Re:
   
   Application for annulment of Articles 1(c) and (d), 2(b), 3 and 4 of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates) and, in the alternative, amendment of Article 2(b) of that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Total SA and Elf Aquitaine SA to pay the costs.
            
         
      (1)  OJ C 261, 28.10.2006.