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Case T-206/06: Judgment of the General Court of 7 June 2011 — Total and Elf Aquitaine v Commission (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 — Obligation 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)
ECLI:EU:UNKNOWN:62006TA0206
62006TA0206
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16.7.2011
Official Journal of the European Union
C 211/22
(Case T-206/06) (<span class="super">1</span>)
(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 - Obligation 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)
2011/C 211/47
Language of the case: French
Parties
Applicants: Total and Elf Aquitaine (Courbevoie, France) and Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery and S. Thibault-Liger, lawyers)
Defendant: European Commission (represented by: initially F. Arbault and V. Bottka, subsequently V. Bottka and F. Castillo de la Torre, Agents)
Re:
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Total SA and Elf Aquitaine SA to pay the costs.
(<span class="super">1</span>) OJ C 261, 28.10.2006.