Judgment of the Court (Third Chamber) of 11 July 2013 – Ziegler SA v European Commission
(Case C-439/11 P) 1
(Appeal – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Guidelines on the effect on trade between Member States – Legal status – Requirement to define the relevant market – Scope – Right to fair legal process – Principle of good administration – Objective impartiality on the part of the Commission – Guidelines on the method of setting fines (2006) – Proportion of the value of sales – Obligation to state reasons – Fine reduced on grounds of inability to pay or the special circumstances of the case – Equal treatment)
Language of the case: French
Parties
Appellant: Ziegler SA (represented by: J.-F. Bellis, M. Favart and A. Bailleux, avocats)
Other parties to the proceedings: European Commission (represented by: A. Bouquet and N. von Lingen, Agents)
Re:
Appeal brought against the judgment of the General Court (Eighth Chamber) of 16 June 2011 in Case T-199/08 Ziegler v Commission, by which that court dismissed the action for 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) – Competition – Agreements, decisions and concerted practices – Errors in law – Appreciable effect on trade between Member States – Fine – Infringement of the right to fair legal process and the principle of equality and non-discrimination
Operative part of the judgment
The Court:
1. Dismisses the appeal;
2. Orders Ziegler SA to pay the costs.
____________1 OJ C 347, 26.11.2011.