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Case T-332/09: Judgment of the General Court of (Third Chamber) of 12 December 2012 — Electrabel v Commission (Competition — Concentrations — Decision imposing a fine for having put a concentration into effect — Obligation not to put the concentration into effect — Obligation to state the reasons on which the decision is based — Error of assessment — Limitation period — Amount of the fine)

ECLI:EU:UNKNOWN:62009TA0332

62009TA0332

December 12, 2012
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Official Journal of the European Union

C 32/15

(Case T-332/09) (<span class="super">1</span>)

(Competition - Concentrations - Decision imposing a fine for having put a concentration into effect - Obligation not to put the concentration into effect - Obligation to state the reasons on which the decision is based - Error of assessment - Limitation period - Amount of the fine)

2013/C 32/21

Language of the case: French

Parties

Applicant: Electrabel (Brussels, Belgium) (represented by: M. Pittie and P. Honoré, lawyers)

Defendant: European Commission (represented by: A. Bouquet and V. Di Bucci, acting as Agents)

Re:

Annulment of Commission Decision C(2009) 4416 final of 10 June 2009, imposing a fine for having implemented a concentration contrary to Article 7(1) of Council Regulation (EEC) No 4064/89 (COMP/M.4994 Electrabel — Compagnie Nationale du Rhône) and, in the alternative, the annulment of or the reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Electrabel to pay the costs.

(<span class="super">1</span>) OJ C 267, 7.11.2009.

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