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Case T-587/22: Judgment of the General Court of 2 October 2024 – Crown Holdings and Crown Cork & Seal Deutschland v Commission (Competition – Agreements, decisions and concerted practices – Metal packaging market – Decision finding an infringement of Article 101 TFEU – Cooperation between the Commission and the national competition authorities – Initiation of an investigation procedure by the Commission at the request of a national competition authority – Period for re-allocation – Obligation to state reasons – Legitimate expectations – Principle of subsidiarity – Rights of the defence – Proportionality – Principle of good administration – Counterclaim for re-evaluation of the amount of the fine following a settlement procedure)
ECLI:EU:UNKNOWN:62022TA0587
62022TA0587
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Official Journal of the European Union
C series
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C/2024/6655
11.11.2024
(Case T-587/22)
(Competition - Agreements, decisions and concerted practices - Metal packaging market - Decision finding an infringement of Article 101 TFEU - Cooperation between the Commission and the national competition authorities - Initiation of an investigation procedure by the Commission at the request of a national competition authority - Period for re-allocation - Obligation to state reasons - Legitimate expectations - Principle of subsidiarity - Rights of the defence - Proportionality - Principle of good administration - Counterclaim for re-evaluation of the amount of the fine following a settlement procedure)
(C/2024/6655)
Language of the case: English
Parties
Applicants: Crown Holdings, Inc. (Yardley, Pennsylvania, United States), Crown Cork & Seal Deutschland Holdings GmbH (Seesen, Germany) (represented by: A. Burnside, C. Graf York von Wartenburg, A. Kidane and D. Strohl, lawyers)
Defendant: European Commission (represented by: B. Ernst, A. Keidel and L. Wildpanner, acting as Agents)
Intervener in support of the defendant: Federal Republic of Germany (represented by: J. Möller and R. Kanitz, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Commission Decision C(2022) 4761 final of 12 July 2022 relating to a proceeding under Article 101 TFEU (Case AT.40522 – Metal packaging) in so far as it relates to them. The European Commission submits a counterclaim for the amount of the fine imposed on the applicants to be increased.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Dismisses the European Commission’s counterclaim;
3.Orders Crown Holdings, Inc. and Crown Cork & Seal Deutschland Holdings GmbH to bear their own costs and to pay 90 % of the costs incurred by the Commission;
4.Orders the Commission to bear 10 % of its own costs;
5.Orders the Federal Republic of Germany to bear its own costs.
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Language of the case: English.
ELI: http://data.europa.eu/eli/C/2024/6655/oj
ISSN 1977-091X (electronic edition)
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