Judgment of the General Court of 17 December 2009 - Solvay v Commission
(Competition - Restrictive practices - Market in soda ash in the Community - Decision finding an infringement of Article 81 EC - Agreement guaranteeing to an undertaking a minimum tonnage of sales in a Member State and the purchase of sufficient quantities to achieve that minimum tonnage - Expiry of limitation period applicable to Commission power to impose fines or sanctions - Reasonable time - Essential procedural requirements - Effect on trade between Member States - Right of access to the file - Fine - Gravity and duration of the infringement - Aggravating and mitigating circumstances)
Language of the case: French
Parties
Applicant: Solvay (Brussels, Belgium) (represented by: L. Simont, P.-A- Foriers, G. Block, F. Louis and A. Vallery, lawyers)
Defendant: European Commission (represented by: P. Oliver and J. Currall, Agents, assisted by N. Coutrelis, lawyer)
Re:
First, application for annulment of Commission Decision 2003/5/EC of 13 December 2000 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/33.133 - B: Soda ash - Solvay, CFK) (OJ 2003 L 10, p. 1) and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Annuls Article 1 of Commission Decision 2003/5/EC of 13 December 2000 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/33.133 - B: Soda ash - Solvay, CFK) to the extent that it finds that Solvay SA infringed the provisions of Article 81 EC in 1990;
Fixes the fine imposed on Solvay at EUR 2.25 million;
Dismisses the action as to the remainder.
____________1 - OJ C 161, 2.6.2001.