17.12.2011

Official Journal of the European Union

C 370/12

(Case C-109/10 P)(1)

(Appeal - Competition - Market in soda ash in the Community - Abuse of dominant position - Infringement of the rights of the defence - Access to the file - Hearing of the undertaking)

2011/C 370/18

Language of the case: French

Parties

Appellant: Solvay SA (represented by: P. Foriers, R. Jafferali, F. Louis and A. Vallery, avocats)

Other party to the proceedings: European Commission (represented by: J. Currall and F. Castillo de la Torre, acting as Agents, assisted by N. Coutrelis, avocate)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 17 December 2009 in Case T-57/01 Solvay v Commission, by which the General Court dismissed the appellants application for the annulment of Commission Decision 2003/6/EC of 13 December 2000 relating to a proceeding pursuant to Article 82 [EC] — Competition — Soda ash market in the Community (excluding the United Kingdom and Ireland) — Abuse of a dominant position — Infringement of the right to be tried within reasonable time — Infringement of procedural rights — Wrong earlier definition of the relevant geographic market — Lack of statement of reasons — Exceptional circumstances showing lack of a dominant position

Operative part of the judgment

The Court:

1.Sets aside the judgment of the General Court of the European Union of 17 December 2009 in Case T-57/01 Solvay v Commission;

2.Annuls Commission Decision 2003/6/EC of 13 December 2000 relating to a proceeding pursuant to Article 82 of the EC Treaty (COMP/33.133-C: Soda-ash — Solvay);

3.Orders the European Commission to pay the costs at first instance and on appeal.

(1) OJ C 161, 19.6.2010.