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Case C-446/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — European Commission v Edison SpA (Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Obligation to state reasons)
ECLI:EU:UNKNOWN:62011CA0446
62011CA0446
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15.2.2014
Official Journal of the European Union
C 45/4
(Case C-446/11 P) (<span class="super">1</span>)
(Appeals - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Obligation to state reasons)
2014/C 45/06
Language of the case: Italian
Parties
Appellant: European Commission (represented by: V. Di Bucci and V. Bottka, Agents)
Other party to the proceedings: Edison SpA (represented by: M. Siragusa, R. Casati, M. Beretta, P. Merlino, F. Cannizzaro and E. Bruti Liberati, avvocati)
Re:
Appeal against the judgment of the General Court (Sixth Chamber) of 16 June 2011 in Case T-196/06 Edison v Commission, by which the General Court annulled Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen Peroxide and perborate), in so far as it concerns Edison SpA — Rules on the imputability of the anti-competitive practices of a subsidiary to its parent company — Infringement of the rights of the defence and of the obligation to state reasons.
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Commission to bear its own costs.
Language of the case: Italian.
* * *
(<span class="super">1</span>) OJ C 311, 22.10.2011.