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Case T-40/06: Judgment of the General Court of 13 September 2010 — Trioplast Industrier v Commission (Competition — Agreements, decisions and concerted practices — Market for industrial plastic sacks — Decision finding an infringement of Article 81 EC — Duration of the infringement — Fines — Seriousness of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability — Principal of legal certainty)
ECLI:EU:UNKNOWN:62006TA0040
62006TA0040
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Official Journal of the European Union
C 301/22
(Case T-40/06) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for industrial plastic sacks - Decision finding an infringement of Article 81 EC - Duration of the infringement - Fines - Seriousness of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability - Principal of legal certainty)
2010/C 301/33
Language of the case: Swedish
Parties
Applicant: Trioplast Industrier AB (Smålandsstenar, Sweden) (represented by: T. Pettersson and O. Larsson, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, P. Hellström and V. Bottka, subsequently F. Castillo de la Torre, L. Parpala and V. Bottka, acting as Agents)
Re:
Application for partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a procedure under Article 81 of the EC Treaty (Case COMP/F/38.354 — Industrial sacks) concerning an agreement in the market for industrial plastic sacks and, in the alternative, an application for reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
1.Annuls the first paragraph of Article 2(f) of Commission Decision C(2005) 4634 of 30 November 2005 relating to a procedure under Article 81 of the EC Treaty (Case COMP/F/38.354 — Industrial sacks) in so far as it relates to Trioplast Industrier AB;
2.Fixes at EUR 2.73 million the amount ascribed to Trioplast Industrier, on the basis of which its share of the successive parent companies’ joint and several liability is to be established for payment of the fine imposed on Trioplast Wittenheim SA;
3.Dismisses the remainder of the action;
4.Orders Trioplast Industrier to bear half of its own costs and to pay half of the costs incurred by the Commission;
5.Orders the Commission to bear half of its own costs and to pay half of the costs incurred by Trioplast Industrier.
(<span class="super">1</span>) OJ C 96, 22.4.2006.