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Case C-301/19 P: Judgment of the Court (Fourth Chamber) of 20 January 2021 — European Commission v Printeos SA (Appeal — Competition — Agreements, decisions and concerted practices — Decision finding infringement of Article 101 TFEU — Fines — Annulment — Repayment of the principal amount of the fine — Article 266 TFEU — Default interest — Distinction between default interest and compensatory interest — Calculation of interest — Article 90(4)(a), second sentence, of Delegated Regulation (EU) No 1268/2012)

ECLI:EU:UNKNOWN:62019CA0301

62019CA0301

January 20, 2021
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Official Journal of the European Union

C 79/5

(Case C-301/19 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Competition - Agreements, decisions and concerted practices - Decision finding infringement of Article 101 TFEU - Fines - Annulment - Repayment of the principal amount of the fine - Article 266 TFEU - Default interest - Distinction between default interest and compensatory interest - Calculation of interest - Article 90(4)(a), second sentence, of Delegated Regulation (EU) No 1268/2012)

(2021/C 79/06)

Language of the case: Spanish

Parties

Appellant: European Commission (represented by: F. Dintilhac, P. Rossi and F. Jimeno Fernández, acting as Agents)

Other party to the proceedings: Printeos SA (represented by: H. Brokelmann and P. Martínez-Lage Sobredo, abogados)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Sets aside point 2 of the operative part of the judgment of the General Court of the European Union of 12 February 2019, Printeos v Commission (T-201/17, EU:T:2019:81);

3.Orders the European Commission to pay Printeos SA interest at the rate set by the European Central Bank for its principal refinancing operations, plus 3,5 percentage points, on the amount of EUR 184 592,95 for the period from 31 March 2017 until the date of payment in full;

4.Orders the European Commission to bear its own costs and pay those of Printeos SA relating both to the proceedings at first instance in Case T-201/17 and the proceedings before the Court of Justice.

(<span class="oj-super">1</span>) OJ C 238, 15.7.2019.

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