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4. Competition — Fines — Amount — Determination — Criteria — Reduction in the amount of the fine for cooperation of the undertaking concerned — Conditions — Discretion of the Commission (Commission Notice 2002/C 45/03) (see paras 138‑145, 148)
APPLICATION for, first, annulment of Articles 1 and 2 of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in so far as they refer to EI du Pont de Nemours and Company and, second, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.
The Court:
1.Dismisses the action;
2.Orders EI du Pont de Nemours and Company, DuPont Performance Elastomers LLC and DuPont Performance Elastomers SA to pay the costs.