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Case C-40/12 P: Judgment of the Court (Grand Chamber) of 26 November 2013 — Gascogne Sack Deutschland GmbH, formerly Sachsa Verpackung GmbH v European Commission (Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Excessive length of the proceedings before the General Court — Principle of effective legal protection)

ECLI:EU:UNKNOWN:62012CA0040

62012CA0040

November 26, 2013
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8.2.2014

Official Journal of the European Union

C 39/2

(Case C-40/12 P) (<span class="super">1</span>)

(Appeal - Competition - Cartels - Industrial plastic bags sector - Whether the infringement by a subsidiary may be attributed to the parent company - Excessive length of the proceedings before the General Court - Principle of effective legal protection)

2014/C 39/02

Language of the case: French

Parties

Appellant: Gascogne Sack Deutschland GmbH, formerly Sachsa Verpackung GmbH (represented by: F. Puel and L. François-Martin, avocats)

Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and N. von Lingen, Agents)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-79/06 Sachsa Verpackung v Commission, by which that court dismissed the application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 (EC) (Case COMP/38.354 — Industrial bags) concerning a cartel in the industrial plastic bags sector and an application to vary that decision.

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Gascogne Sack Deutschland GmbH to pay the costs of this appeal.

(<span class="super">1</span>) OJ C 89, 24.3.2012.

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