Judgment of the Court (First Chamber) of 8 May 2013 – Eni SpA v European Commission

(Case C-508/11 P P) ¹

(Appeals – Competition – Agreements, decisions and concerted practices – Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation – Attributability of unlawful conduct of subsidiaries to their parent companies – Presumption of the actual exercise of a decisive influence – Obligation to state reasons – Gravity of the infringement – Multiplier for deterrence – Actual impact on the market – Aggravating circumstances – Repeated infringements)

Language of the case: Italian

Parties

Appellant: Eni SpA (represented by: G.M. Roberti and I. Perego, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci, G. Conte and M.L. Malferrari, Agents)

Re:

Appeal against the judgment of the General Court (First Chamber) of 13 July 2011 – Case T-39/07 Eni v Commission by which the General Court dismissed in part the action seeking the annulment, as regards Eni SpA, of Commission Decision C (2006) 5700 final of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 – butadiene rubber and emulsion styrene-butadiene rubber), or, in the alternative, the annulment or reduction of the fine imposed on Eni – Evidence of infringement – Imputability of the infringement – Failure to state reasons

Operative part of the judgment

The Court:

Dismisses the main appeal and the cross-appeal;

Orders Eni SpA to pay the costs of the main appeal;

Orders the European Commission to pay the costs of the cross-appeal.

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¹ OJ C 340, 19.11.2011.