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Valentina R., lawyer
(Competition - Agreements, decisions and concerted practices - Monochloroacetic acid market - Decision finding an infringement of Article 81 EC - Market sharing and price fixing - Rights of the defence - Obligation to state the reasons on which the decision is based - Imputability of the infringement - Principle that penalties must fit the offence - Principle that penalties must have a proper legal basis - Presumption of innocence - Principle of sound administration - Principle of legal certainty - Misuse of powers - Fines)
2009/C 282/66
Language of the case: French
Applicant: Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery and É. Friedel, lawyers)
Defendant: Commission of the European Communities (represented by: initially A. Bouquet and F. Amato and subsequently by A. Bouquet and X. Lewis, Agents)
Principally, annulment of Articles 1(d), 2(c), 3 and 4(9) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/ E-1/37.773 — MCAA) or, in the alternative, application for annulment of Article 2(c) of that decision, or, in the further alternative, application for variation of the said Article 2(c)
The Court:
1.Dismisses the action;
2.Orders Elf Aquitaine SA to pay the costs.
* * *
(<span class="super">1</span>) OJ C 171, of 9.7.2005.