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Case T-189/10: Judgment of the General Court of 15 July 2015 — GEA Group v Commission (Competition — Agreements, decisions and concerted practices — European markets in heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by subsidiaries — Fines — Joint and several liability of the subsidiaries and the parent company — Exceeding the 10 % ceiling for one of the subsidiaries — Decision readopted — Reduction of the fine for that subsidiary — Attribution to the other subsidiary and the parent company of the obligation to pay the reduced fine — Rights of the defence — Right to be heard — Right of access to the file)
ECLI:EU:UNKNOWN:62010TA0189
62010TA0189
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14.9.2015
Official Journal of the European Union
C 302/31
(Case T-189/10) (<span class="super">1</span>)
((Competition - Agreements, decisions and concerted practices - European markets in heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Infringement committed by subsidiaries - Fines - Joint and several liability of the subsidiaries and the parent company - Exceeding the 10 % ceiling for one of the subsidiaries - Decision readopted - Reduction of the fine for that subsidiary - Attribution to the other subsidiary and the parent company of the obligation to pay the reduced fine - Rights of the defence - Right to be heard - Right of access to the file))
(2015/C 302/40)
Language of the case: German
Parties
Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: A. Kallmayer, I. du Mont and G. Schiffers, lawyers)
Defendant: European Commission (represented by: R. Sauer and F. Ronkes Agerbeek, acting as Agents, and W. Berg, lawyer)
Re:
Application for annulment of Commission Decision C(2010) 727 of 8 February 2010, amending 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) or, in the alternative, a reduction of the amount of the fines imposed on the applicant.
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2010) 727 of 8 February 2010, amending 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), in so far as it concerns GEA Group AG;
2.Orders the European Commission to pay the costs.
(<span class="super">1</span>) OJ C 179, 3.7.2010.