CELEX: 62011CB0654
Language: en
Date: 2012-12-13 00:00:00
Title: Case C-654/11 P: Order of the Court of 13 December 2012 — Transcatab SpA, in liquidation v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Italian market for the purchasing and primary processing of raw tobacco — Price fixing and market sharing — Attribution of liability for the unlawful conduct of a subsidiary to its parent company — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which a decision is based — Principle of equal treatment)

23.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/2
            
         Order of the Court of 13 December 2012 — Transcatab SpA, in liquidation v European Commission
   (Case C-654/11 P) (1)
   
   (Appeal - Competition - Agreements, decisions and concerted practices - Italian market for the purchasing and primary processing of raw tobacco - Price fixing and market sharing - Attribution of liability for the unlawful conduct of a subsidiary to its parent company - Presumption of innocence - Rights of the defence - Obligation to state the reasons on which a decision is based - Principle of equal treatment)
   2013/C 55/03
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Transcatab SpA, in liquidation (represented by: G. Mastrantonio, avvocato)
   
      Other party to the proceedings: European Commission (represented by: L. Malferrari, Agent)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2011 in Case T-39/06 Transcatab v Commission, in which the General Court dismissed the application for the partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) and for a reduction of the fine imposed on Transcatab by that decision and the counterclaim by the Commission seeking to increase that fine — Italian market for the purchasing and primary processing of raw tobacco — Attribution of liability to a parent company for infringements of competition rules committed by its subsidiaries — Rebuttable presumption in the case of a 100 % shareholding — Fundamental principles governing the taking of evidence — Obligation to state the reasons on which a decision is based — Rights of the defence — Principle of equal treatment
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is rejected.
            
         
               2.
            
            
               Transcatab SpA is ordered to pay the costs.
            
         
      (1)  OJ C 49, 18.2.2012.