CELEX: 62015CN0483
Language: en
Date: 2015-09-11 00:00:00
Title: Case C-483/15: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 11 September 2015 — Autorità Garante della Concorrenza e del Mercato v Albini & Pitigliani SpA

16.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 381/22
            
         Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 11 September 2015 — Autorità Garante della Concorrenza e del Mercato v Albini & Pitigliani SpA
   (Case C-483/15)
   (2015/C 381/24)
   Language of the case: Italian
   
      Referring court
   
   Consiglio di Stato
   
      Parties to the main proceedings
   
   
      Applicant: Autorità Garante della Concorrenza e del Mercato
   
      Defendant: Albini & Pitigliani SpA
   
      Question referred
   
   Does the principle of proportionality, which must guide the process of quantifying fines — as affirmed by Article 49 of the Charter of Fundamental Rights of the European Union — preclude an interpretation of Article 23(2)(a) of Regulation No 1/2003 (1), in the version consolidated by the European Commission through the Guidelines on the method of setting fines (2006/C 201/02), and practice, including national practice, according to which the fine to be applied to undertakings which have breached the prohibition of anti-competitive agreements is to be calculated by applying the circumstances to the basic amount resulting from the calculation of the various factors which have to be taken into account under EU law, and in any event before the reduction to 10 % of turnover, with the risk that the application of the extenuating circumstances to the basic amount may prove entirely unsuitable for having the effect of personalising the fine, the circumstances of which, by contrast, are predetermined by the adjustment of the relevant amount according to the characteristics of the specific case?
   
      (1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).