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Case T-357/06: Judgment of the General Court of 27 September 2012 — Koninklijke Wegenbouw Stevin v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements — Rights of the defence — Fine — Aggravating circumstances — Role of instigator and leader — Absence of cooperation — Commission's powers of investigation — Right to the assistance of a lawyer — Misuse of powers — Calculation of the amount of the fines — Duration of the infringement — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62006TA0357
62006TA0357
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17.11.2012
Official Journal of the European Union
C 355/17
(Case T-357/06) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Existence and classification of an agreement - Restriction of competition - Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements - Rights of the defence - Fine - Aggravating circumstances - Role of instigator and leader - Absence of cooperation - Commission's powers of investigation - Right to the assistance of a lawyer - Misuse of powers - Calculation of the amount of the fines - Duration of the infringement - Unlimited jurisdiction)
2012/C 355/33
Language of the case: Dutch
Parties
Applicant: Koninklijke Wegenbouw Stevin BV (Utrecht (Netherlands)) (represented: initially by E. Pijnacker Hordijk and Y. de Vries, and subsequently by E. Pijnacker Hordijk and X. Reintjes, lawyers)
Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted initially by de L. Gyselen, F. Tuytschaever and F. Wijckmans, and subsequently by L. de Gyselen, lawyers)
Re:
Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Koninklijke Wegenbouw Stevin BV to pay the costs.
(<span class="super">1</span>) OJ C 20, 27.1.2007.