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Case T-141/08: Judgment of the General Court of 15 December 2010 — E.ON Energie v Commission (Competition — Administrative procedure — Decision finding that seals had been broken — Article 23(1)(e) of Regulation (EC) No 1/2003 — Burden of proof — Presumption of innocence — Proportionality — Duty to state reasons)
ECLI:EU:UNKNOWN:62008TA0141
62008TA0141
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Official Journal of the European Union
C 38/10
(Case T-141/08) (<span class="super">1</span>)
(Competition - Administrative procedure - Decision finding that seals had been broken - Article 23(1)(e) of Regulation (EC) No 1/2003 - Burden of proof - Presumption of innocence - Proportionality - Duty to state reasons)
2011/C 38/14
Language of the case: German
Parties
Applicant: E.ON Energie AG (Munich, Germany) (represented by: initially A. Röhling, C. Krohs, F. Dietrich and R. Pfromm, then A. Röhling, F. Dietrich and R. Pfromm, lawyers)
Defendant: European Commission (represented by: A. Bouquet, V. Bottka and R. Sauer, acting as Agents)
Re:
Annulment of Commission Decision C(2008) 377 final of 30 January 2008 imposing a fine under Article 23(1)(e) of Council Regulation (EC) No 1/2003 for breaking seals affixed by the Commission during an inspection (Case COMP/B-1/39.326 — E.ON Energie AG)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders E.ON Energie AG to pay the costs.
(<span class="super">1</span>) OJ C 158, 21.6.2008.