30.7.2011

Official Journal of the European Union

C 226/20

(Case T-186/06) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Concepts of ‘agreement’ and ‘concerted practice’ - Access to the file - Fines - Leniency Notice - Equal treatment - Legitimate expectations - Obligation to state the reasons on which the decision is based)

2011/C 226/38

Language of the case: English

Parties

Applicant: Solvay SA (Brussels, Belgium) (represented initially by O.W. Brouwer, D. Mes, lawyers, M. O’Regan and A. Villette, Solicitors, and subsequently by O.W. Brouwer, A. Stoffer, lawyer, M. O’Regan and A. Villette)

Defendant: European Commission (represented initially by F. Arbault, and subsequently by V. Di Bucci and V. Bottka, Agents, and by M. Gray, Barrister)

Re:

Action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) and for annulment or reduction of the fine imposed on the applicant

Operative part of the judgment

The Court:

1.Annuls Article 1(m) of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case C.38.620 — Hydrogen peroxide and perborate) in so far as the European Commission found therein that Solvay SA had participated in the infringement during the period prior to May 1995;

2.Sets the amount of the fine imposed on Solvay in Article 2(h) of Decision C(2006) 1766 final at EUR 139,5 million;

3.Dismisses the action as to the remainder;

4.Orders Solvay to bear 80 % of its own costs and to pay 80 % of the Commission’s;

5.Orders the Commission to bear 20 % of its own costs and to pay 20 % of Solvay’s.

(<span class="super">1</span>) OJ C 212, 2.9.2006.