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Case T-372/10: Judgment of the General Court of 27 June 2012 — Bolloré v Commission (Competition — Cartels — Carbonless paper market — Price-fixing — Decision finding an infringement of Article 101 TFEU — Decision taken following the annulment of a first decision — Imputation of the infringement to the parent company, as directly responsible — Nullum crimen, nulla poena sine lege — Legal certainty — Individual nature of penalties — Fair hearing — Equal treatment — Reasonable time — Rights of the defence — Fines — Limitation period — Mitigating circumstances — Cooperation)

ECLI:EU:UNKNOWN:62010TA0372

62010TA0372

June 27, 2012
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4.8.2012

Official Journal of the European Union

C 235/13

(Case T-372/10) (<span class="super">1</span>)

(Competition - Cartels - Carbonless paper market - Price-fixing - Decision finding an infringement of Article 101 TFEU - Decision taken following the annulment of a first decision - Imputation of the infringement to the parent company, as directly responsible - Nullum crimen, nulla poena sine lege - Legal certainty - Individual nature of penalties - Fair hearing - Equal treatment - Reasonable time - Rights of the defence - Fines - Limitation period - Mitigating circumstances - Cooperation)

2012/C 235/32

Language of the case: French

Parties

Applicant: Bolloré (Ergué-Gabéric, France) (represented by: P. Gassenbach, C. Lemaire and O. de Juvigny, lawyers)

Defendant: European Commission (represented by: W. Mölls, F. Castillo de la Torre and R. Sauer, Agents, assisted by N. Coutrelis, lawyer)

Re:

Application for annulment or alteration of Commission Decision C(2010) 4160 final of 23 June 2010, relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/36.212 — Carbonless paper).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Bolloré to bear its own costs and to pay those incurred by the European Commission.

(<span class="super">1</span>) OJ C 301, 6.11.2010.

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