Judgment of the Court (Grand Chamber) of 26 November 2013 – Groupe Gascogne SA v European Commission
(C-58/12 P) 1
(Appeal – Competition – Cartels – Industrial plastic bags sector – Whether the infringement by a subsidiary may be attributed to the parent company – Taking into account the total turnover of the group in order to calculate the upper limit of the fine – Excessive length of the proceedings before the General Court – Principle of effective legal protection)
Language of the case: French
Parties
Appellant: Groupe Gascogne SA (represented by: P. Hubert and E. Durand, avocats)
Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and N. von Lingen, Agents)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-72/06 Groupe Gascogne v Commission, by which that court dismissed the application for annulment in part and variation of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 – Industrial bags) concerning a cartel in the industrial plastic bags sector, and an application to vary that decision.
Operative part of the judgment
The Court:
Dismisses the appeal;
2) Orders Groupe Gascogne SA to pay the costs of this appeal.
________________________1 OJ C 89, 24.3.2012.