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Case T-240/17: Judgment of the General Court of 7 November 2019 — Campine and Campine Recycling v Commission (Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Fines — Value of purchases — Point 37 of the Guidelines on the method of setting fines — Obligation to state reasons — Rights of the defence — Evidence of the infringement — Concept of single or repeated infringement — Duration of the infringement — Interruption of participation in the infringement — Restriction of competition by object — Mitigating circumstances — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62017TA0240
62017TA0240
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13.1.2020
Official Journal of the European Union
C 10/29
(Case T-240/17) (<span class="super note-tag">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for lead-acid car battery recycling - Decision finding an infringement of Article 101 TFEU - Fines - Value of purchases - Point 37 of the Guidelines on the method of setting fines - Obligation to state reasons - Rights of the defence - Evidence of the infringement - Concept of single or repeated infringement - Duration of the infringement - Interruption of participation in the infringement - Restriction of competition by object - Mitigating circumstances - Unlimited jurisdiction)
(2020/C 10/39)
Language of the case: English
Parties
Applicants: Campine NV (Beerse, Belgium) and Campine Recycling NV (Beerse) (represented by: C. Verdonck, S. De Cock, Q. Silvestre and B. Gielen, lawyers)
Defendant: European Commission (represented by: F. van Schaik, S. Baches Opi and M. Farley, Agents)
Re:
Application based on Article 263 TFEU and seeking annulment of Commission Decision C(2017) 900 final of 8 February 2017 relating to a proceeding under Article 101 TFEU (Case AT.40018 — Car battery recycling), in so far as it concerns the applicants, or, in the alternative, cancellation or a reduction of the amount of the fine imposed on the applicants in that decision.
Operative part of the judgment
The Court:
1.Annuls Article 1 of Commission Decision C(2017) 900 final of 8 February 2017 relating to a proceeding under Article 101 TFEU (Case AT.40018 — Car battery recycling) in so far as it refers to the period from 10 February 2010 to 10 January 2011 and the period from 4 April 2011 to 7 March 2012, to the extent that it concerns Campine NV and Campine Recycling NV;
2.Annuls Article 2 of Decision C(2017) 900 final in so far as it sets the amount of the fine imposed on Campine and Campine Recycling at EUR 8 158 000;
3.Sets the amount of the fine imposed on Campine and Campine Recycling in Article 2 of Decision C(2017) 900 final at EUR 4 275 648;
4.Dismisses the action as to the remainder;
5.Orders Campine and Campine Recycling to bear two thirds of their own costs;
6.Orders the European Commission to bear its own costs and to pay one third of the costs of Campine and Campine Recycling.
(<span class="note">1</span>) OJ C 202, 26.6.2017.