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Order of the Court (Seventh Chamber) of 2 February 2012.#Elf Aquitaine SA v European Commission.#Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction.#Case C‑404/11 P.
ECLI:EU:C:2012:56
62011CO0404
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(Case C‑404/11 P)
5. Appeals — Jurisdiction of the Court — Challenge on grounds of fairness to the General Court’s assessment concerning the amount of a fine imposed on an undertaking — Excluded (Art. 101 TFEU; Statute of the Court of Justice, Art. 58; Council Regulation No 1/2003, Art. 23) (see para. 90)
Re:
Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T–299/08 Elf Aquitaine v Commission, by which that court dismissed the action brought by the applicant for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) — Competition — Cartel — Infringement of the principle that the institutions must act within the limits of their powers and of the principle of proportionality — Manifestly erroneous interpretation — Infringement of the rights of the defence and of the principles of equity and of equality of arms — Duty to state reasons — Illegality of the personal fine.
Operative part
1.The appeal is dismissed.
2.Elf Aquitaine SA is ordered to pay the costs.