CELEX: 62010TA0040
Language: en
Date: 2014-02-06 00:00:00
Title: Case T-40/10: Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission (Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction)

15.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 78/7
            
         Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission
   (Case T-40/10) (1)
   
   (Competition - Agreements, decisions and concerted practices - European markets in tin heat stabilisers and ESBO/esters heat stabilisers - Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement - Fines - Application for annulment - Rights of the defence - Late notification of Commission’s investigation - Duration of the administrative procedure - Liability of a parent company for infringements of competition rules committed by its subsidiaries - Presumption of actual exercise of decisive influence - Duration of the infringements - Limitation - Legitimate interest in finding that an infringement was committed - Fines imposed on a parent company differing in amount from those imposed on a subsidiary - Unlimited jurisdiction)
   2014/C 78/13
   Language of the case: French
   
      Parties
   
   
      Applicant: Elf Aquitaine (Courbevoie, France) (represented by: É. Morgan de Rivery, S. Thibault-Liger, A. Noël-Baron, lawyers)
   
      Defendant: European Commission (represented by: P. Van Nuffel, J. Bourke and A. Biolan, Agents)
   
      Re:
   
   Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers), or, in the alternative, for a reduction of the fines imposed.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Elf Aquitaine SA to pay the costs.
            
         
      (1)  OJ C 100, 17.4.2010.