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Case T-404/12: Judgment of the General Court of 19 January 2016 — Toshiba v Commission (Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Rights of the defence — Obligation to state reasons — Equal treatment — Starting amount — Extent of contribution to the infringement)
ECLI:EU:UNKNOWN:62012TA0404
62012TA0404
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29.2.2016
Official Journal of the European Union
C 78/13
(Case T-404/12) (<span class="super">1</span>)
((Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - New decision taken following annulment in part of the initial decision by the Court - Fines - Rights of the defence - Obligation to state reasons - Equal treatment - Starting amount - Extent of contribution to the infringement))
(2016/C 078/20)
Language of the case: English
Parties
Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: J. MacLennan, Solicitor, A. Schulz and S. Sakellariou, lawyers)
Defendant: European Commission (represented by: N. Khan and F. Ronkes Agerbeek, acting as Agents)
Re:
Application, principally, for the annulment of Commission Decision C(2012) 4381 of 27 June 2012 amending Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] (now Article 101 TFEU) and Article 53 of the EEA Agreement to the extent that it was addressed to Mitsubishi Electric Corp. and Toshiba Corp. (Case COMP/39.966 — Gas Insulated Switchgear — Fines), and, in the alternative, for the reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Toshiba Corp. to pay the costs.
(<span class="super">1</span>) OJ C 343, 10.11.2012.