CELEX: 62011CA0511
Language: en
Date: 2013-06-13 00:00:00
Title: Case C-511/11 P: Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission (Appeals — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/12
            
         Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission
   (Case C-511/11 P) (1)
   
   (Appeals - Agreements, decisions and concerted practices - Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation - Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information - Evidence - Attributability of unlawful conduct - Amount of the fine - Gravity and duration of the infringement - Aggravating circumstance - Repeated infringement)
   2013/C 225/18
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Versalis SpA, formerly Polimeri Europa SpA (represented by: M. Siragusa, F. Moretti and L. Nascimbene, avvocati)
   
      Other party to the proceedings: European Commission (represented by: V. Di Bucci, L. Malferrari and G. Conte)
   
      Re:
   
   Appeal against the judgment of the General Court (First Chamber) of 13 July 2011 in Case T-59/05 Polimeri Europa v Commission by which that court dismissed the application for annulment of Commission Decision C(2006) 5700 of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 — butadiene rubber and emulsion styrene-butadiene rubber) or, in the alternative, the annulment or reduction of the fine imposed on Polimeri Europa SpA — Infringement of the rights of the defence — Imputability of the infringement — Failure to state reasons
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the main appeal and the cross-appeal;
            
         
               2.
            
            
               Orders Versalis SpA to pay the costs of the main appeal;
            
         
               3.
            
            
               Orders the European Commission to pay the costs of the cross-appeal.
            
         
      (1)  OJ C 340, 19.11.2011.