Judgment of the General Court of 13 July 2011 - ENI v Commission
(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Imputability of the offending conduct - Fines - Gravity of the infringement - Aggravating circumstances)
Language of the case: Italian
Parties
Applicant: ENI SpA (Rome, Italy) (represented by: G.M. Roberti and I. Perego, lawyers)
Defendant: European Commission (represented by: V. Di Bucci, G. Conte and V. Bottka, Agents)
Re:
Application for annulment, so far as ENI SpA is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 - Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on ENI.
Operative part of the judgment
The Court:
Annuls Article 2(c) of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 - Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it sets the amount of the fine imposed on ENI SpA at EUR 272.25 million;
Sets the amount of the fine imposed on ENI at EUR 181.5 million;
Dismisses the action as to the remainder;
Orders the parties to bear their own costs.
____________1 - OJ C 82, 14.4.2007.