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Case C-823/18 P: Judgment of the Court (Second Chamber) of 25 November 2020 — European Commission v GEA Group AG (Appeal — Agreements, decisions and concerted practices — European markets for tin-based heat stabilisers and for heat stabilisers with epoxised soybean oil and esters as their base — Price fixing, market allocation and exchange of commercially sensitive information — Application of the ceiling of 10 % of turnover to one of the entities forming the undertaking — Annulment of the decision amending the fine imposed in the initial infringement decision — Fines — Concept of an ‘undertaking’ — Joint and several liability for payment of the fine — Principle of equal treatment — Date on which the fine is payable in the event of amendment)

ECLI:EU:UNKNOWN:62018CA0823

62018CA0823

November 25, 2020
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Official Journal of the European Union

C 35/5

(Case C-823/18 P) (1)

(Appeal - Agreements, decisions and concerted practices - European markets for tin-based heat stabilisers and for heat stabilisers with epoxised soybean oil and esters as their base - Price fixing, market allocation and exchange of commercially sensitive information - Application of the ceiling of 10 % of turnover to one of the entities forming the undertaking - Annulment of the decision amending the fine imposed in the initial infringement decision - Fines - Concept of an ‘undertaking’ - Joint and several liability for payment of the fine - Principle of equal treatment - Date on which the fine is payable in the event of amendment)

(2021/C 35/05)

Language of the case: English

Parties

Appellant: European Commission (represented by: initially, T. Christoforou, P. Rossi and V. Bottka, and, subsequently, P. Rossi and V. Bottka, acting as Agents)

Other party to the proceedings: GEA Group AG (represented by: C. Wagner and I. du Mont, Rechtsanwälte)

Operative part of the judgment

The Court:

1.Sets aside the judgment of the General Court of the European Union of 18 October 2018, GEA Group v Commission (T-640/16, EU:T:2018:700);

2.Refers Case T-640/16 back to the General Court of the European Union;

3.Reserves the costs.

(1) OJ C 93, 11.3.2019.

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