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)
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
The appeal is dismissed.
Total SA and Elf Aquitaine SA shall pay the costs.
____________1 - 2 - OJ C 340, 19.11.2011.