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Case C-421/11 P: Order of the Court of 7 February 2012 — Total SA and Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Market for methacrylates — Concept of ‘undertaking’ — Presumption of decisive influence — Obligation to state reasons — Principle of sound administration — Extension of the authority of a final decision — Deterrent multiplying factor — Indivisible nature of the fine — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62011CB0421
62011CB0421
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5.5.2012
Official Journal of the European Union
C 133/12
(Case C-421/11 P)(1)
(Appeal - Regulation (EC) No 1/2003 - Competition - Cartel - Market for methacrylates - Concept of ‘undertaking’ - Presumption of decisive influence - Obligation to state reasons - Principle of sound administration - Extension of the authority of a final decision - Deterrent multiplying factor - Indivisible nature of the fine - Unlimited jurisdiction)
2012/C 133/21
Language of the case: French
Parties
Appellants: Total SA and Elf Aquitaine SA (represented by: E. Morgan de Rivery and A. Noël-Baron, lawyers)
Other party to the proceedings: European Commission (represented by: V. Bottka and B. Gencarelli, Agents)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 7 June 2011 in Case T-206/06 Total and Elf Aquitaine v Commission, in which the General Court dismissed the action for annulment of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates) — Competition — Cartel — Infringement of the principles of conferral of powers and proportionality — Manifestly erroneous interpretation — Infringement of the rights of the defence, the principle of fairness and the principle of equality of arms — Obligation to state reasons — Infringement of the principle of sound administration
Operative part of the order
1.The appeal is dismissed.
2.Total SA and Elf Aquitaine SA shall pay the costs.
(1) OJ C 340, 19.11.2011.
Language of the case: French