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Case T-58/14: Judgment of the General Court of 13 July 2018 — Stührk Delikatessen Import v Commission (Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price fixing and the exchange of commercially sensitive information — Single and continuous infringement — Fines — Principle that offences and penalties must be defined by law — 2006 guidelines on the setting of fines — Mitigating factors — Substantially limited involvement — Cooperation during the administrative procedure — Maximum of 10 % of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Paragraph 37 of the 2006 guidelines on the setting of fines — Equal treatment — Obligation to state reasons)
ECLI:EU:UNKNOWN:62014TA0058
62014TA0058
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17.9.2018
Official Journal of the European Union
C 328/31
(Case T-58/14) (*)
((Competition - Agreements, decisions and concerted practices - Belgian, German, French and Dutch markets in North Sea shrimp - Decision finding an infringement of Article 101 TFEU - Price fixing and the exchange of commercially sensitive information - Single and continuous infringement - Fines - Principle that offences and penalties must be defined by law - 2006 guidelines on the setting of fines - Mitigating factors - Substantially limited involvement - Cooperation during the administrative procedure - Maximum of 10 % of total turnover - Article 23(2) of Regulation (EC) No 1/2003 - Paragraph 37 of the 2006 guidelines on the setting of fines - Equal treatment - Obligation to state reasons))
(2018/C 328/40)
Language of the case: German
Parties
Applicant: Stührk Delikatessen Import GmbH & Co. KG (Marne, Germany) (represented by: J. Sparr, lawyer)
Defendant: European Commission (represented by: H. Leupold, F. Ronkes Agerbeek and P. Van Nuffel, acting as Agents)
Re:
Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2013) 8286 final of 27 November 2013 relating to a proceeding under Article 101 TFEU (Case AT.39633 — Shrimps), in so far as it concerns the applicant, and, secondly, a reduction of the fines imposed on the applicant.
Operative part of the judgment
The Court:
1.Annuls the first paragraph of Article 2(c) of Commission Decision C(2013) 8286 final of 27 November 2013 relating to a proceeding under Article 101 TFEU (Case AT.39633 — Shrimps);
2.Dismisses the action as to the remainder;
3.Orders the European Commission to bear its own costs as well as half of those incurred by Stührk Delikatessen Import GmbH & Co. KG;
4.Orders Stührk Delikatessen Import GmbH & Co. KG to bear half of its own costs.
(*)
Language of the case: German.
* * *