Judgment of the General Court of 16 June 2011 - Gosselin Group and Stichting Administratiekantoor Portielje v Commission
(Joined Cases T-208/08 and T-209/08) 1 (Competition - Cartels - International removal services market in Belgium - Decision finding an infringement of Article 81 EC - Price-fixing - Market-sharing - Bid rigging - Single and continuous infringement - Concept of an undertaking -Imputability of the infringement - Fines - 2006 Guidelines on the method of setting fines - Gravity - Duration)
Language of the case: Dutch
Parties
Applicants: Gosselin Group NV, formerly Gosselin World Wide Moving NV (Deurne, Belgium) (represented by: F. Wijckmans and S. De Keer, lawyers) (Case T-208/08); and Stichting Administratiekantoor Portielje (Rotterdam, Netherlands) (represented by: D. Van hove, lawyer) (Case T-209/08)
Defendant: European Commission (represented by: A. Bouquet and F. Ronkes Agerbeek, Agents)
Re:
Application for the annulment of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 - International Removal Services), as amended by Commission Decision C(2009) 5810 final of 24 July 2009, and, in the alternative, the annulment or reduction of the fine imposed on the applicants
Operative part of the judgment
The Court:
In Case T-208/08, annuls Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 - International Removal Services) in so far as that decision finds that Gosselin Group NV participated in the infringement of Article 81(1) EC from 30 October 1993 to 14 November 1996;
Sets the amount of fine imposed on Gosselin Group in Article 2 of Decision C(2008) 926, as amended by Commission Decision C(2009) 5810 final of 24 July 2009, at EUR 2.32 million;
Dismisses the action as to the remainder;
In Case T-209/08, annuls Decision C(2008) 926, as amended by Decision C(2009) 5810, in so far as it relates to Stichting Administratiekantoor Portielje;
In Case T-208/08, orders each party to bear its own costs;
In Case T-209/08, orders the European Commission to pay the costs.
____________1 - OJ C 223, 30.8.2008.