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Case T-352/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — Novácke chemické závody v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Obligation to state reasons — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Ability to pay)
ECLI:EU:UNKNOWN:62009TA0352
62009TA0352
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Official Journal of the European Union
C 32/15
(Case T-352/09) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Obligation to state reasons - Proportionality - Equal treatment - 2006 Guidelines on the method of setting fines - Ability to pay)
2013/C 32/22
Language of the case: English
Parties
Applicant: Novácke chemické závody a.s. (Nováky, Slovakia) (represented initially by: A. Černejová, and subsequently by M. Bol’oš and L. Bányaiová, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, N. von Lingen and A. Tokár, acting as Agents)
Intervener in support of the applicant: Slovak Republic (represented by: B. Ricziová, acting as Agent)
Re:
Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, cancellation or a reduction of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Novácke chemické závody a.s. to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Slovak Republic to bear its own costs.
(<span class="super">1</span>) OJ C 267, 7.11.2009.
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