CELEX: 62006TA0064
Language: en
Date: 2012-03-06 00:00:00
Title: Case T-64/06: Judgment of the General Court of 6 March 2012 — FLS Plast v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability — Principle of ne bis in idem)

21.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/22
            
         Judgment of the General Court of 6 March 2012 — FLS Plast v Commission
   (Case T-64/06) (1)
   
   (Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability - Principle of ne bis in idem)
   2012/C 118/35
   Language of the case: English
   
      Parties
   
   
      Applicant: FLS Plast A/S (Valby, Denmark) (represented initially by: K. Lasok QC and subsequently by M. Thill-Tayara, lawyer)
   
      Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)
   
      Re:
   
   Application for the partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicant by that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds FLS Plast A/S liable for the single and continuous infringement referred to in Article 1(1) thereof, for the period from 31 December 1990 to 31 December 1991;
            
         
               2.
            
            
               Sets the amount for payment of which FLS Plast is held jointly and severally liable under Article 2(f) of Decision C(2005) 4634 at EUR 14.45 million;
            
         
               3.
            
            
               Dismisses the action as to the remainder;
            
         
               4.
            
            
               Orders the European Commission and FLS Plast each to bear their own costs.
            
         
      (1)  OJ C 96, 22.4.2006.