Judgment of the General Court of 6 February 2014 – AC-Treuhand v Commission
(Case T-27/10) 1
(Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Consultancy firm not operating in the markets at issue — Fines — Application for annulment — Meaning of ‘undertaking’ — Principle of the legality of offences and penalties — Duration of the infringement –– Limitation — Duration of the administrative procedure –– Reasonable period — Rights of the defence — Late notification of the investigation — Maximum of 10% of turnover — Punishment of two infringements in one decision — Concept of a single infringement — Application for variation — Amount of the fines — Duration of the infringements — Duration of the administrative procedure — 2006 Guidelines on the method of setting fines — Value of sales — Symbolic fine — Unlimited jurisdiction)
Language of the case: German
Parties
Applicant: AC-Treuhand AG (Zurich, Switzerland) (represented by: C. Steinle and I. Bodenstein, lawyers)
Defendant: European Commission (represented by: F. Ronkes Agerbeek and R. Sauer, Agents, and by A. Böhlke, lawyer)
Re:
Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38589 — Heat Stabilisers), or, in the alternative, for a reduction of the fines imposed.
Operative part of the judgment
The Court:
Dismisses the action;
Orders AC-Treuhand AG to pay the costs.
____________1 OJ C 100, 17.4.2010.