Judgment of the General Court of 13 December 2013 – HSE v Commission
(Case T-399/09) 1
(Competition – Agreements, decisions and concerted practices – Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Imputability of the unlawful conduct – Presumption of innocence – Fines – Article 23 of Regulation (EC) No 1/2003 – 2006 guidelines on the method of setting fines – Mitigating circumstances – Infringement committed as a result of negligence – Infringement authorised or encouraged by the public authorities)
Language of the case: English
Parties
Applicant: Holding Slovenske elektrarne d.o.o. (HSE) (Ljubljana, Slovenia) (represented by: F. Urlesberger, lawyer)
Defendant: European Commission (represented by: initially J. Bourke and N. von Lingen, and subsequently by N. von Lingen and R. Sauer, Agents)
Re:
Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 − Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it relates to the applicant, and, in the alternative, for the reduction of the fine imposed on the applicant by that decision.Operative part of the judgmentThe Court:Dismisses the action.Orders Holding Slovenske elektrarne d.o.o. (HSE) to bear its own costs and to pay those incurred by the European Commission.