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Case C-581/12 P: Order of the Court (Tenth Chamber) of 21 November 2013 — Kuwait Petroleum Corp., Kuwait Petroleum International Ltd, Kuwait Petroleum (Nederland) BV v European Commission (Appeals — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Setting of the gross price of road pavement bitumen — Setting of a rebate for road builders — 2002 Leniency Notice — Last paragraph of point 23(b) — Partial immunity — Evidence relating to facts previously unknown to the European Commission — Appeal manifestly inadmissible or manifestly unfounded)

ECLI:EU:UNKNOWN:62012CB0581

62012CB0581

November 21, 2013
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7.4.2014

Official Journal of the European Union

C 102/5

(Case C-581/12 P) (<a id="ntc1-C_2014102EN.01000502-E0001" href="#ntr1-C_2014102EN.01000502-E0001"> (<span class="super">1</span>)</a>

((Appeals - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Setting of the gross price of road pavement bitumen - Setting of a rebate for road builders - 2002 Leniency Notice - Last paragraph of point 23(b) - Partial immunity - Evidence relating to facts previously unknown to the European Commission - Appeal manifestly inadmissible or manifestly unfounded))

2014/C 102/06

Language of the case: English

Parties

Appellants: Kuwait Petroleum Corp., Kuwait Petroleum International Ltd, Kuwait Petroleum (Nederland) BV (represented by: D. Hull, Solicitor, and G. Berrisch, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: F. Ronkes Agerbeek and P. Van Nuffel, Agents)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 27 September 2012 in Case T-370/06 Kuwait Petroleum and Others v Commission, by which the General Court dismissed an action seeking partial annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 EC (Case COMP/F/38.456 — Bitumen (Netherlands)) concerning agreements on the fixing of the gross price of road pavement bitumen in the Netherlands and on the fixing of a uniform minimum rebate for road-builders participating in the cartel and a smaller maximum rebate for other road builders — Reduction of the fine imposed on the appellants.

Operative part of the order

1.Dismisses the appeal;

2.Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs.

(<span class="note"><a id="ntr1-C_2014102EN.01000502-E0001" href="#ntc1-C_2014102EN.01000502-E0001">*1</a></span> OJ C 55, 23.2.2013).

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