(Case T-54/06)

Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Economic entity – Joint and several liability – Proportionality – Equal treatment – Fines – Maximum limit of 10% of turnover – Real ability to pay

3. Competition – Fines – Amount – Determination – Maximum amount – Calculation – Turnover to be taken into consideration – Cumulative turnover of all the companies constituting the economic unit acting as an undertaking – Limits (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 91-92)

7. Competition – Community rules – Infringements – Fines – Determination – Criteria – Raising of the general level of fines – Lawfulness (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2)) (see paras 133-134)

9. Competition – Fines – Amount – Determination – Criteria – Financial situation of the undertaking concerned – To be taken into consideration – No obligation on the Commission to request detailed information on the financial situation of the undertaking (Art. 81(1) EC; Council Regulation No 1/2003, Art. 23(2); Commission Notice 98/C 9/03, Section 5(b)) (see paras 161-163, 165)

Re:

APPLICATION for annulment of Commission Decision C (2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 – Industrial bags), in so far as it is addressed to the applicant, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on the applicant.

Operative part

The Court:

1.Dismisses the action;

2.Orders Kendrion NV to pay the costs.