CELEX: 62006TJ0059
Language: en
Date: 2011-11-16
Title: Judgment of the General Court (Fourth Chamber) of 16 November 2011.#Low & Bonar plc and Bonar Technical Fabrics NV v European Commission.#Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Single and continuous infringement - Fines - Attenuating circumstances - Passive role - Proportionality - Equal treatment - Unlimited jurisdiction.#Case T-59/06.

Judgment of the General Court (Fourth Chamber) of 16 November 2011 – Low & Bonar and Bonar Technical Fabrics v Commission
      (Case T-59/06)
      Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Single and continuous infringement – Fines – Mitigating circumstances – Passive role – Proportionality – Equal treatment – Unlimited jurisdiction
      1.                     Actions for annulment – Admissibility – Decision imposing a fine for infringement of the competition rules – Action seeking
            to obtain reimbursement of default interest borne by an undertaking by reason of payment of the fine – Inadmissibility (Art.
            230 EC) (see paras 23-26)
      2.                     Competition – Agreements, decisions and concerted practices – Agreements and concerted practices constituting a single infringement
            – Undertakings that may be held responsible for participating in an overall cartel – Criteria – Burden of proof (Art. 81(1)
            EC) (see paras 61-62, 64)
      3.                     Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Mitigating circumstances – Passive
            or ‘follow-my-leader’ role of the undertaking – Criteria for assessment (Art. 81(1) EC; Council Regulation No 1/2003, Art.
            23(2); Commission Notice 98/C 9/03, Section 3, first indent) (see paras 73-74, 79)
      Re:
      
         
               APPLICATION for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under
                  Article 81 [EC] (Case COMP/F/38.354 – Industrial bags), concerning a cartel on the market for plastic industrial bags, and,
                  in the alternative, for annulment or reduction of the fine imposed on the applicants.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Sets the amount of the fine imposed by Article 2(l) of Commission Decision C (2005) 4634 final of 30 November 2005 relating
                     to a proceeding under Article 81 [EC] (Case COMP/F/38.354 – Industrial bags) at EUR 9.18 million;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission, Low & Bonar plc and Bonar Technical Fabrics NV each to bear their own costs.