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Case T-485/11: Judgment of the General Court of 15 July 2015 — Akzo Nobel and Akcros Chemicals v Commission (Competition — Agreements, decisions and concerted practices — European markets for heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by a jointly-held subsidiary — Fines — Joint and several liability of the subsidiary and the parent companies — Ten-year limitation period applicable to one of the parent companies — Decision readopted — Reduction of the amount of the fine imposed on one of the parent companies — Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine — Rights of the defence)
ECLI:EU:UNKNOWN:62011TA0485
62011TA0485
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14.9.2015
Official Journal of the European Union
C 302/40
(Case T-485/11)(1)
((Competition - Agreements, decisions and concerted practices - European markets for heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Infringement committed by a jointly-held subsidiary - Fines - Joint and several liability of the subsidiary and the parent companies - Ten-year limitation period applicable to one of the parent companies - Decision readopted - Reduction of the amount of the fine imposed on one of the parent companies - Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine - Rights of the defence))
(2015/C 302/51)
Language of the case: English
Parties
Applicants: Akzo Nobel NV (Amsterdam, Netherlands); and Akcros Chemicals Ltd (Warwickshire, United Kingdom) (represented by C. Swaak and R. Wesseling, lawyers)
Defendant: European Commission (represented initially by F. Ronkes Agerbeek and J. Bourke, and subsequently by Mr Ronkes Agerbeek and P. Van Nuffel, acting as Agents, and J. Holmes, Barrister)
Re:
Application for annulment of the Commission Decision of 30 June 2011 amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers) in so far as it was addressed to Akzo Nobel and Akcros Chemicals or, in the alternative, for a reduction of the amount of the fines imposed.
Operative part of the judgment
The Court:
1.Annuls the Commission Decision of 30 June 2011 amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers);
2.Orders the European Commission to pay the costs.
(1)
OJ C 331, 12.11.2011.