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Case T-59/07: Judgment of the General Court of 13 July 2011 — Polimeri Europa v Commission (Competition — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Decision finding an infringement of Article 81 EC — Imputability of the offending conduct — Single infringement — Proof of the existence of the cartel — Fines — Gravity and duration of the infringement — Aggravating circumstances)
ECLI:EU:UNKNOWN:62007TA0059
62007TA0059
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10.9.2011
Official Journal of the European Union
C 269/43
(Case T-59/07) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Imputability of the offending conduct - Single infringement - Proof of the existence of the cartel - Fines - Gravity and duration of the infringement - Aggravating circumstances)
2011/C 269/95
Language of the case: Italian
Parties
Applicant: Polimeri Europa SpA (Brindisi, Italy) (represented by: M. Siragusa and F. Moretti, lawyers)
Defendant: European Commission (represented by: V. Di Bucci, G. Conte and V. Bottka, Agents)
Re:
Application for annulment of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on Polimeri Europa SpA.
Operative part of the judgment
The Court:
1.Annuls Article 2(c) of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it sets the amount of the fine imposed on Polimeri Europa SpA at EUR 272,25 million;
2.Sets the amount of the fine imposed on Polimeri Europa at EUR 181,5 million;
3.Dismisses the action as to the remainder;
4.Orders the parties to bear their own costs.
(<span class="super">1</span>) OJ C 95, 28.4.2007.