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Competition – Agreements, decisions and concerted practices – Market for methacrylates – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Imputability of the unlawful conduct – Rights of the defence – Presumption of innocence – Duty to state reasons – Principle of equal treatment – Principle that penalties must fit the offence – Principle of nullum crimen, nulla poena sine lege – Principle of sound administration – Principle of legal certainty – Misuse of powers – Fines – Attribution of liability for payment within a group of companies
4. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules – Decision relating to several addressees – Need for sufficient reasoning, particularly with regard to the entity having to bear the burden of an infringement (Arts 81 EC and 253 EC) (see paras 177-178)
APPLICATION for annulment of Articles 1(c) and (d), 2(b), 3 and 4 of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 – Methacrylates) and, in the alternative, amendment of Article 2(b) of that decision.
The Court:
1.Dismisses the action;
2.Orders Total SA and Elf Aquitaine SA to pay the costs.