24.11.2014

Official Journal of the European Union

C 421/27

(Case T-68/09) (<span class="super">1</span>)

((Competition - Agreements, decisions and concerted practices - European market in carglass - Decision finding an infringement of Article 81 EC - Market-sharing agreements and exchanges of commercially sensitive information - Regulation (EC) No 1/2003 - Single and continuous infringement - Participation in the infringement))

2014/C 421/36

Language of the case: Dutch

Parties

Applicant: Soliver NV (Roulers, Belgium) (represented by: H. Gilliams, J. Bocken and T. Baumé, lawyers)

Defendant: European Commission (represented by: A. Bouquet, M. Kellerbauer and F. Ronkes Agerbeek, acting as Agents)

Re:

Application for annulment of Commission Decision C(2008) 6815 final of 12 November 2008 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA agreement (Case COMP/39.125 — Carglass), as amended by Commission Decision C(2009) 863 final of 11 February 2009, in so far as it concerns the applicant and, in the alternative, for a reduction in the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1.Annuls Article 1(d) and Article 2(d) of Commission Decision C(2008) 6815 final of 12 November 2008 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.125 — Carglass), as amended by Commission Decision C(2009) 863 final of 11 February 2009, in so far as Soliver NV was thereby found to have participated, from 19 November 2001 to 11 March 2003, in an unlawful cartel on the carglass market in the European Economic Area (EEA) and a fine of EUR 4 396 000 was imposed on it on that basis;

2.Orders the European Commission to pay the costs.

(<span class="super">1</span>) OJ C 90, 18.4.2009.