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Case C-439/11 P: Judgment of the Court (Third Chamber) of 11 July 2013 — Ziegler SA v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Guidelines on the effect on trade between Member States — Legal status — Requirement to define the relevant market — Scope — Right to fair legal process — Principle of good administration — Objective impartiality on the part of the Commission — Guidelines on the method of setting fines (2006) — Proportion of the value of sales — Obligation to state reasons — Fine reduced on grounds of inability to pay or the special circumstances of the case — Equal treatment)

ECLI:EU:UNKNOWN:62011CA0439

62011CA0439

July 11, 2013
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31.8.2013

Official Journal of the European Union

C 252/8

(Case C-439/11 P) (<span class="super">1</span>)

(Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - International removal services market in Belgium - Guidelines on the effect on trade between Member States - Legal status - Requirement to define the relevant market - Scope - Right to fair legal process - Principle of good administration - Objective impartiality on the part of the Commission - Guidelines on the method of setting fines (2006) - Proportion of the value of sales - Obligation to state reasons - Fine reduced on grounds of inability to pay or the special circumstances of the case - Equal treatment)

2013/C 252/12

Language of the case: French

Parties

Appellant: Ziegler SA (represented by: J.-F. Bellis, M. Favart and A. Bailleux, avocats)

Other parties to the proceedings: European Commission (represented by: A. Bouquet and N. von Lingen, Agents)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 16 June 2011 in Case T-199/08 Ziegler v Commission, by which that court dismissed the action for annulment of Commission Decision C(2008) 926 final of 11 March 2008, relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International removal services) — Competition — Agreements, decisions and concerted practices — Errors in law — Appreciable effect on trade between Member States — Fine — Infringement of the right to fair legal process and the principle of equality and non-discrimination

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Ziegler SA to pay the costs.

(<span class="super">1</span>) OJ C 347, 26.11.2011.

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