CELEX: 62006TA0053
Language: en
Date: 2012-03-06 00:00:00
Title: Case T-53/06: Judgment of the General Court of 6 March 2012 — UPM-Kymmene v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Single and continuous infringement — Fines — Gravity of the infringement — Mitigating circumstances — Undertaking playing a passive role — Proportionality)

21.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/21
            
         Judgment of the General Court of 6 March 2012 — UPM-Kymmene v Commission
   (Case T-53/06) (1)
   
   (Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Duration of the infringement - Single and continuous infringement - Fines - Gravity of the infringement - Mitigating circumstances - Undertaking playing a passive role - Proportionality)
   2012/C 118/34
   Language of the case: English
   
      Parties
   
   
      Applicant: UPM-Kymmene Oyj (Helsinki, Finland) (represented initially by: B. Amory, E. Friedel and F. Bimont, subsequently by B. Amory, E. Friedel, F. Bimont and F. Amato, and finally by B. Amory, lawyers)
   
      Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)
   
      Re:
   
   Application for 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).
   
      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 UPM-Kymmene Oyj liable for the single and continuous infringement referred to in Article 1(1) thereof, in respect of the period prior to 10 October 1995;
            
         
               2.
            
            
               Sets the amount of the fine imposed by Article 2(j) of that decision at EUR 50.7 million;
            
         
               3.
            
            
               Dismisses the action as to the remainder;
            
         
               4.
            
            
               Orders the European Commission and UPM-Kymmene each to bear their own costs.
            
         
      (1)  OJ C 86, 8.4.2006.