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Case C-450/15: Order of the Court (Ninth Chamber) of 28 June 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autorità Garante della Concorrenza e del Mercato v Italsempione — Spedizioni Internazionali SpA (Preliminary reference — Article 53(2) of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1/2003 — Article 23(2)(a) — Interpretation in the light of the principle of proportionality — Determination of the amount of the fine — Criteria — Guidelines for the calculation of fines — National practice — Adjustment of the basic amount of the fine — Account to be taken of aggravating or extenuating circumstances — Application of the maximum limit of 10 % of total turnover — Absence of jurisdiction of the Court — Manifest lack of jurisdiction)

ECLI:EU:UNKNOWN:62015CB0450

62015CB0450

June 28, 2016
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19.9.2016

Official Journal of the European Union

C 343/13

(Case C-450/15) (<span class="super note-tag">1</span>)

((Preliminary reference - Article 53(2) of the Rules of Procedure of the Court of Justice - Regulation (EC) No 1/2003 - Article 23(2)(a) - Interpretation in the light of the principle of proportionality - Determination of the amount of the fine - Criteria - Guidelines for the calculation of fines - National practice - Adjustment of the basic amount of the fine - Account to be taken of aggravating or extenuating circumstances - Application of the maximum limit of 10 % of total turnover - Absence of jurisdiction of the Court - Manifest lack of jurisdiction))

(2016/C 343/19)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Autorità Garante della Concorrenza e del Mercato

Defendant: Italsempione — Spedizioni Internazionali SpA

Operative part of the order

The Court manifestly lacks jurisdiction to reply to the request for a preliminary ruling submitted by the Consiglio di Stato (Council of State, Italy) by decision of 16 June 2015.

(<span class="super">1</span>) OJ C 381, 16.11.2015

* * *

Language of the case: Italian

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