Judgment of the General Court of 17 May 2011 - Elf Aquitaine v Commission
(Competition - Agreements, decisions and concerted practices - Market in sodium chlorate - Decision finding an infringement of Article 81 EC and Article 53 EEA - Imputability of the infringement - Rights of the defence - Obligation to state reasons - Principle that penalties must fit the offence - Principle that penalties must have a proper legal basis - Presumption of innocence - Principle of sound administration - Principle of legal certainty - Misuse of powers - Fines - Aggravating circumstance - Deterrence - Mitigating circumstance - Cooperation during the administrative procedure - Significant added value)
Language of the case: French
Parties
Applicant: Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery and S. Thibault-Liger, lawyers)
Defendant: European Commission (represented by: X. Lewis, É. Gippini Fournier and R. Sauer, Agents)
Re:
Principally, action for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81(1) EC and Article 53(1) of the Agreement on the European Economic Area (EEA) (Case COMP/38.695 - Sodium Chlorate), in so far as that decision relates to Elf Aquitaine and, in the alternative, action for annulment or reduction of the amounts of the fines imposed on that company in that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Elf Aquitaine SA to pay the costs.
____________1 - OJ C 272, 25.10.2008.