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Case C-404/11 P: Order of the Court of 2 February 2012 — Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction)

ECLI:EU:UNKNOWN:62011CB0404

62011CB0404

February 2, 2012
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5.5.2012

Official Journal of the European Union

C 133/11

(Case C-404/11 P)(<span class="super">1</span>)

(Appeal - Regulation (EC) No 1/2003 - Competition - Cartel - Sodium chlorate market - Concept of an ‘undertaking’ - Presumption of decisive influence - Scope of that presumption - Factors not capable of rebutting the presumption - Personal fine - Unlimited jurisdiction)

2012/C 133/20

Language of the case: French

Parties

Appellant: Elf Aquitaine SA (represented by: E. Morgan de Rivery and E. Lagathu, avocats)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and R. Sauer, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-299/08 Elf Aquitaine v Commission, by which the General Court dismissed the action brought by the applicant for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) — Competition — Cartel — Infringement of the principles of conferral and proportionality — Manifestly erroneous interpretation — Infringement of the rights of the defence, of the principles of equality and equality of arms — Duty to state reasons — Illegality of the personal fine

Operative part of the order

1.The appeal is dismissed.

2.Elf Aquitaine SA is ordered to pay the costs.

(<span class="super">1</span>) OJ C 298, 8.10.2011.

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