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Case C-440/11 P: Judgment of the Court (Third Chamber) of 11 July 2013 — European Commission v Stichting Administratiekantoor Portielje, Gosselin Group NV (Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct or indirect fixing of prices, market sharing and the manipulation of the procedure for the submission of tenders — Unlawful conduct imputable to the entity controlling the shareholdings — Definition of ‘undertaking’ — Presumption of actual exercise of decisive influence — Restriction of competition by object — Guidelines on the effect on trade between Member States — Guidelines on the method of setting fines (2006) — Mitigating circumstances)
ECLI:EU:UNKNOWN:62011CA0440
62011CA0440
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31.8.2013
Official Journal of the European Union
C 252/9
(Case C-440/11 P)
(Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - International removal services market in Belgium - Direct or indirect fixing of prices, market sharing and the manipulation of the procedure for the submission of tenders - Unlawful conduct imputable to the entity controlling the shareholdings - Definition of ‘undertaking’ - Presumption of actual exercise of decisive influence - Restriction of competition by object - Guidelines on the effect on trade between Member States - Guidelines on the method of setting fines (2006) - Mitigating circumstances)
2013/C 252/13
Language of the case: Dutch
Parties
Appellant: European Commission (represented by: A. Bouquet, S. Noë and F. Ronkes Agerbeek, Agents)
Other parties to the proceedings: Stichting Administratiekantoor Portielje (represented by: D. Van hove, F. Wijckmans, S. De Keer and H. Burez, advocaten), Gosselin Group NV
Re:
Appeal brought against the judgment delivered by the General Court (Eighth Chamber) on 16 June 2011 in Joined Cases T-208/08 and T-209/08 Gosselin Group and Stichting Administratiekantoor Portielje v Commission, by which that court, in Case T-208/08, annulled 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) in so far as that decision finds that Gosselin Group NV participated in an infringement of Article 81(1) EC from 30 October 1993 to 14 November 1996, and, in Case T-209/08, annulled Decision C(2008) 926, as amended by Decision C(2009) 5810, in so far as it relates to Stichting Administratiekantoor Portielje
Operative part of the judgment
The Court:
1.Annuls paragraphs 4 and 6 of the operative part of the judgment of the General Court of the European Union of 16 June 2011 in Joined Cases T-208/08 and T-209/08 Gosselin Group and Stichting Administratiekantoor Portielje v Commission.
2.Dismisses the action brought by Stichting Administratiekantoor Portielje in Case T-209/08.
3.Orders Stichting Administratiekantoor Portielje to pay the costs of both the proceedings at first instance in Case T-209/08 and the appeal proceedings.
(1) OJ C 331, 12.11.2011.