11.8.2012

Official Journal of the European Union

C 243/16

(Case T-370/09) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - German and French markets for natural gas - Decision finding an infringement of Article 81 EC - Market sharing - Duration of the infringement - Fines)

2012/C 243/29

Language of the case: French

Parties

Applicant: GDF Suez (Paris, France) (represented by: J. P. Gunther and C. Breuvart, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, A. Bouquet and R. Sauer, Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), and, in the alternative, for annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1.Annuls Article 1 of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), first, inasmuch as it found that the duration of the infringement was from 1 January 1980 until at least 24 April 1998 as regards the infringement committed in Germany and, secondly, inasmuch as it found that an infringement was committed in France from 13 August 2004 to 30 September 2005;

2.Sets the amount of the fine imposed on GDF Suez SA in Article 2(b) of Decision C(2009) 5355 final at EUR 320 million;

3.Dismisses the action as to the remainder;

4.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 282, 21.11.2009.