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Case T-195/19: Judgment of the General Court of 9 February 2022 — GEA Group v Commission (Competition — Agreements, decisions and concerted practices — European markets in tin stabilisers and in ESBO/esters heat stabilisers — Decision establishing an infringement of Article 81 EC — Decision amending the initial decision annulled — Decision rejecting a request for repayment of the fine — Action for annulment — Actionable measure — Interest in bringing proceedings — Admissibility — Article 266(1) TFEU)

ECLI:EU:UNKNOWN:62019TA0195

62019TA0195

February 9, 2022
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4.4.2022

Official Journal of the European Union

C 148/21

(Case T-195/19) (*)

(Competition - Agreements, decisions and concerted practices - European markets in tin stabilisers and in ESBO/esters heat stabilisers - Decision establishing an infringement of Article 81 EC - Decision amending the initial decision annulled - Decision rejecting a request for repayment of the fine - Action for annulment - Actionable measure - Interest in bringing proceedings - Admissibility - Article 266(1) TFEU)

(2022/C 148/27)

Language of the case: English

Parties

Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: I. du Mont, R. van der Hout and C. Wagner, lawyers)

Defendant: European Commission (represented by: P. Rossi, V. Bottka and T. Baumé, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision Ares(2019) 283284 final of 24 January 2019 dismissing the request of the applicant seeking repayment of the fine paid under Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat stabilisers).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders GEA Group AG to bear its own costs and to pay those incurred by the European Commission.

(*)

OJ C 206, 17.6.2019.

* * *

Language of the case: English

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