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Case T-130/21: Judgment of the General Court of 7 December 2022 — CCPL and Others v Commission (Competition — Agreements, decisions and concerted practices — Retail food packaging — Decision adjusting the amount of a fine — Calculation of the fine — Imputability of unlawful conduct — 2006 Guidelines on the method for setting fines — Upper limit of the fine — Proportionality — Equal treatment — Ability to pay)
ECLI:EU:UNKNOWN:62021TA0130
62021TA0130
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Official Journal of the European Union
C 35/49
(Case T-130/21) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Agreements, decisions and concerted practices - Retail food packaging - Decision adjusting the amount of a fine - Calculation of the fine - Imputability of unlawful conduct - 2006 Guidelines on the method for setting fines - Upper limit of the fine - Proportionality - Equal treatment - Ability to pay)
(2023/C 35/57)
Language of the case: Italian
Parties
Applicants: CCPL — Consorzio Cooperative di Produzione e Lavoro SC (Reggio Emilia, Italy), Coopbox Group SpA (Bibbiano, Italy), Coopbox Eastern s.r.o. (Nové Mesto nad Váhom, Slovakia) (represented by: E. Cucchiara and E. Rocchi, lawyers)
Defendant: European Commission (represented by: P. Rossi and T. Baumé, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek annulment of Commission Decision C(2020) 8940 final of 17 December 2020 adjusting the amount of the fines imposed by Commission Decision C(2015) 4336 final of 24 June 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail Food Packaging).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders CCPL — Consorzio Cooperative di Produzione e Lavoro SC, Coopbox Group SpA and Coopbox Eastern s.r.o. to bear their own costs and to pay those incurred by the European Commission, including the costs relating to the interim proceedings.
(<span class="oj-super">1</span>) OJ C 148, 26.4.2021.