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Case C-634/13 P: Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total Marketing Services, successor in law to Total Raffinage Marketing v European Commission (Appeals — Competition — Paraffin waxes market — Slack wax market — Duration of participation in an unlawful cartel — Cessation of the participation — Interruption of the participation — Absence of collusive contact established during a certain period of time — Continuation of the infringement — Burden of proof — Public distancing — Perception of the other participants in the cartel of the company’s intention to distance itself — Obligation to state reasons — Principles of the presumption of innocence, equal treatment, effective judicial protection and that penalties must be specific)
ECLI:EU:UNKNOWN:62013CA0634
62013CA0634
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9.11.2015
Official Journal of the European Union
C 371/6
(Case C-634/13 P)(*1)
((Appeals - Competition - Paraffin waxes market - Slack wax market - Duration of participation in an unlawful cartel - Cessation of the participation - Interruption of the participation - Absence of collusive contact established during a certain period of time - Continuation of the infringement - Burden of proof - Public distancing - Perception of the other participants in the cartel of the company’s intention to distance itself - Obligation to state reasons - Principles of the presumption of innocence, equal treatment, effective judicial protection and that penalties must be specific))
(2015/C 371/07)
Language of the case: French
Parties
Appellant: Total Marketing Services, successor in law to Total Raffinage Marketing (represented by: A. Vandencasteele, C. Lemaire and S. Naudin, avocats)
Other party to the proceedings: European Commission (represented by: P. Van Nuffel and A. Biolan, acting as Agents, assisted by N. Coutrelis, avocat)
Operative part of the judgment
The Court:
1)Dismisses the appeal;
2)Orders Total Marketing Services SA to pay the costs.
(*1) OJ C 45, 15.2.2014.