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Case C-508/11 P P: Judgment of the Court (First Chamber) of 8 May 2013 — Eni SpA v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of the actual exercise of a decisive influence — Obligation to state reasons — Gravity of the infringement — Multiplier for deterrence — Actual impact on the market — Aggravating circumstances — Repeated infringements)
ECLI:EU:UNKNOWN:62011CA0508
62011CA0508
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Official Journal of the European Union
C 225/11
(Case C-508/11 P P) (<span class="super">1</span>)
(Appeals - Competition - Agreements, decisions and concerted practices - Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation - Attributability of unlawful conduct of subsidiaries to their parent companies - Presumption of the actual exercise of a decisive influence - Obligation to state reasons - Gravity of the infringement - Multiplier for deterrence - Actual impact on the market - Aggravating circumstances - Repeated infringements)
2013/C 225/17
Language of the case: Italian
Parties
Appellant: Eni SpA (represented by: G.M. Roberti and I. Perego, avvocati)
Other party to the proceedings: European Commission (represented by: V. Di Bucci, G. Conte and M.L. Malferrari, Agents)
Re:
Appeal against the judgment of the General Court (First Chamber) of 13 July 2011 — Case T-39/07 Eni v Commission by which the General Court dismissed in part the action seeking the annulment, as regards Eni SpA, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 — butadiene rubber and emulsion styrene-butadiene rubber), or, in the alternative, the annulment or reduction of the fine imposed on Eni — Evidence of infringement — Imputability of the infringement — Failure to state reasons
Operative part of the judgment
The Court:
1.Dismisses the main appeal and the cross-appeal;
2.Orders Eni SpA to pay the costs of the main appeal;
3.Orders the European Commission to pay the costs of the cross-appeal.
(<span class="super">1</span>) OJ C 340, 19.11.2011.
* Language of the case: Italian
ECLI:EU:C:2013:140