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Case C-50/12 P: Judgment of the Court (Grand Chamber) of 26 November 2013 — Kendrion NV v European Commission (Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary — Excessive length of the proceedings before the General Court — Principle of effective legal protection)

ECLI:EU:UNKNOWN:62012CA0050

62012CA0050

November 26, 2013
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8.2.2014

Official Journal of the European Union

C 39/2

(Case C-50/12 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 - Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary - Excessive length of the proceedings before the General Court - Principle of effective legal protection)

2014/C 39/03

Language of the case: Dutch

Parties

Appellant: Kendrion NV (represented by: P. Glazener and T. Ottervanger, advocaten)

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

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-54/06 Kendrion v Commission, by which the General Court dismissed an application for annulment of Commission Decision C(2005) 4634 of 30 November 2005 relating to a proceeding pursuant to Article 81 (EC) (Case COMP/F/38.354 — Industrial bags), in so far as it is addressed to Kendrion, concerning a cartel in the industrial plastic bags sector, and application for annulment or, in the alternative, reduction of the fine imposed on Kendrion.

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Kendrion NV to pay the costs of this appeal.

(<span class="super">1</span>) OJ C 80, 17.3.2012.

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