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Case C-448/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — SNIA Spa, under special administration v European Commission (Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputation of liability in the field of competition — Economic continuity test — Infringement of the rights of defence — Duty to state reasons)
ECLI:EU:UNKNOWN:62011CA0448
62011CA0448
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15.2.2014
Official Journal of the European Union
C 45/5
(Case C-448/11 P) (<span class="super">1</span>)
(Appeal - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputation of liability in the field of competition - Economic continuity test - Infringement of the rights of defence - Duty to state reasons)
2014/C 45/08
Language of the case: Italian
Parties
Appellant: SNIA Spa, under special administration (represented by: A. Santa Maria, C. Biscaretti di Ruffia and E. Gambaro, avvocati)
Other party to the proceedings: European Commission (represented by: V. Di Bucci, L. Malferrari and B. Gencarelli, acting as Agents)
Re:
Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 16 June 2011 in Case T-194/06 SNIA v Commission, by which the General Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), to the extent that the Commission imposed a fine jointly and severally on Caffaro Srl and on SNIA SpA — Rules relating to the imputability of anti-competitive practices in the case of a merger — Infringement of the rights of defence and of the duty to state reasons.
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders SNIA SpA, under special administration, to pay the costs.
(<span class="super">1</span>) OJ C 311, 22.10.2011.