CELEX: 62001TA0058
Language: en
Date: 2009-12-17 00:00:00
Title: Case T-58/01: Judgment of the General Court of 17 December 2009 — Solvay v Commission (Competition — Restrictive practices — Market in soda ash in the Community — Decision finding an infringement of Article 81 EC — Agreement guaranteeing to an undertaking a minimum tonnage of sales in a Member State and the purchase of sufficient quantities to achieve that minimum tonnage — Expiry of limitation period applicable to Commission power to impose fines or sanctions — Reasonable time — Essential procedural requirements — Effect on trade between Member States — Right of access to the file — Fine — Gravity and duration of the infringement — Aggravating and mitigating circumstances)

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/31
            
         Judgment of the General Court of 17 December 2009 — Solvay v Commission
   (Case T-58/01) (1)
   
   (Competition - Restrictive practices - Market in soda ash in the Community - Decision finding an infringement of Article 81 EC - Agreement guaranteeing to an undertaking a minimum tonnage of sales in a Member State and the purchase of sufficient quantities to achieve that minimum tonnage - Expiry of limitation period applicable to Commission power to impose fines or sanctions - Reasonable time - Essential procedural requirements - Effect on trade between Member States - Right of access to the file - Fine - Gravity and duration of the infringement - Aggravating and mitigating circumstances)
   2010/C 37/39
   Language of the case: French
   
      Parties
   
   
      Applicant: Solvay (Brussels, Belgium) (represented by: L. Simont, P.-A- Foriers, G. Block, F. Louis and A. Vallery, lawyers)
   
      Defendant: European Commission (represented by: P. Oliver and J. Currall, Agents, assisted by N. Coutrelis, lawyer)
   
      Re:
   
   First, application for annulment of Commission Decision 2003/5/EC of 13 December 2000 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/33.133 — B: Soda ash — Solvay, CFK) (OJ 2003 L 10, p. 1) and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Article 1 of Commission Decision 2003/5/EC of 13 December 2000 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/33.133 — B: Soda ash — Solvay, CFK) to the extent that it finds that Solvay SA infringed the provisions of Article 81 EC in 1990;
            
         
               2.
            
            
               Fixes the fine imposed on Solvay at EUR 2.25 million;
            
         
               3.
            
            
               Dismisses the action as to the remainder.
            
         
      (1)  OJ C 161, 2.6.2001.