31.8.2013

Official Journal of the European Union

C 252/19

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(Case C-294/13 P)

2013/C 252/28

Language of the case: English

Parties

Appellant: European Commission (represented by: A. Biolan, M. Kellerbauer, P.J.O. Van Nuffel, agents)

Other parties to the proceedings: Fresh Del Monte Produce, Inc., Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG

Form of order sought

The appellant claims that the Court should:

—Set aside point 1 of the operative part judgment of the General Court of 14 March 2013 in Case T-587/08, Fresh Del Monte Produce Inc. v Commission;

—Give final judgment by setting the amount of the fine for Fresh Del Monte Produce Inc. at EUR 9 800 000;

—Order Fresh Del Monte Produce Inc. to pay the costs of the appeal and such proportion of the costs of the proceedings before the General Court as the Court of Justice considers appropriate.

Pleas in law and main arguments

The Commission submits that the General Court infringed Article 23 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1) read together with the Commission notice on immunity from fines and reduction of fines in cartel cases (2) and the principle of effective enforcement of Articles 101 and 102 TFEU, by considering that information supplied to the Commission in response to a request for information must be taken into account for a reduction of the fine as voluntary cooperation having facilitated the Commission’s investigation.

In the alternative, the Commission submits that the General Court infringed Article 23 of Regulation No 1/2003 and the duty to state reasons by reducing the fine imposed on Del Monte for Weichert’s cooperation during the administrative procedure although Del Monte and Weichert no longer formed part of the same undertaking at the point in time of Weichert’s alleged cooperative conduct.

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OJ L 1, p. 1.

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OJ C 45, p. 3.

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