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Case C-58/12 P: Judgment of the Court (Grand Chamber) of 26 November 2013 — Groupe Gascogne SA v European Commission (Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Taking into account the total turnover of the group in order to calculate the upper limit of the fine — Excessive length of the proceedings before the General Court — Principle of effective legal protection)
ECLI:EU:UNKNOWN:62012CA0058
62012CA0058
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Official Journal of the European Union
C 39/3
(Case C-58/12 P) (<span class="super">1</span>)
(Appeal - Competition - Cartels - Industrial plastic bags sector - Whether the infringement by a subsidiary may be attributed to the parent company - Taking into account the total turnover of the group in order to calculate the upper limit of the fine - Excessive length of the proceedings before the General Court - Principle of effective legal protection)
2014/C 39/04
Language of the case: French
Parties
Appellant: Groupe Gascogne SA (represented by: P. Hubert and E. Durand, avocats)
Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and N. von Lingen, Agents)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-72/06 Groupe Gascogne v Commission, by which that court dismissed the application for annulment in part and variation of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 (EC) (Case COMP/F/38.354 — Industrial bags) concerning a cartel in the industrial plastic bags sector, and an application to vary that decision.
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Groupe Gascogne SA to pay the costs of this appeal.
(<span class="super">1</span>) OJ C 89, 24.3.2012.