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Case C-238/12 P: Judgment of the Court (First Chamber) of 30 April 2014 — FLSmidth & Co. A/S v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Unlimited jurisdiction of the General Court — Duty to state reasons — Attribution to the parent company of the infringement committed by the subsidiary — Liability of the parent company for payment of the fine imposed on the subsidiary — Proportionality — Proceedings before the General Court — Adjudication within a reasonable time)
ECLI:EU:UNKNOWN:62012CA0238
62012CA0238
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24.6.2014
Official Journal of the European Union
C 194/2
(Case C-238/12 P) (<span class="super">1</span>)
((Appeal - Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Unlimited jurisdiction of the General Court - Duty to state reasons - Attribution to the parent company of the infringement committed by the subsidiary - Liability of the parent company for payment of the fine imposed on the subsidiary - Proportionality - Proceedings before the General Court - Adjudication within a reasonable time))
2014/C 194/02
Language of the case: English
Parties
Appellant: FLSmidth & Co. A/S (represented by: M. Dittmer, advokat)
Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and V. Bottka, acting as Agents, and M. Gray, Barrister)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 6 March 2012 in Case T-65/06 FLSmidth v Commission by which that court annulled in part Commission Decision C(2005) 4634 of 30 November 2005 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/F/38.354 — Industrial Bags) concerning a cartel consisting in the fixing of prices and sales quotas by geographic region, the sharing of orders by major customers, the organisation of concerted bidding in response to certain invitations to tender and the implementation of mechanisms for the exchange of information on sales volumes in the market for plastic industrial bags, and reduced the fine imposed on the appellant — Imputability of the unlawful conduct
Operative part of the judgment
The Court:
1)Dismisses the appeal;
2)Orders FLSmidth & Co. A/S to pay the costs.
(<span class="super">1</span>) OJ C 303, 6.10.2012.