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Case C-495/11 P: Order of the Court of 13 September 2012 — Total SA, Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons)

ECLI:EU:UNKNOWN:62011CB0495

62011CB0495

September 13, 2012
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6.4.2013

Official Journal of the European Union

C 101/2

(Case C-495/11 P)

(Appeal - Regulation (EC) No 1/2003 - Competition - Agreements, decisions and concerted practices - Infringement of the principles of conferred powers and of proportionality - Manifestly incorrect interpretation - Infringement of the rights of the defence and of the principles of equity and of the equality of arms - Obligation to state reasons)

2013/C 101/03

Language of the case: French

Parties

Appellants: Total SA, Elf Aquitaine SA (represented by: E. Morgan de Rivery and A. Noël-Baron, avocats)

Other party to the proceedings: European Commission (represented by: B. Gencarelli, P. Van Nuffel and V. Bottka, acting as Agents)

Re:

Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 14 July 2011 in Case T-190/06 Total and Elf Aquitaine v Commission by which that Court dismissed the 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) — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons

Operative part of the order

1.The appeal is dismissed.

2.Total SA and Elf Aquitaine SA shall pay the costs.

*

Language of the case: French.

ECLI:EU:C:2013:140

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