Judgment of the General Court of 16 November 2011 - Kendrion v Commission
(Case T-54/06)
(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Economic entity - Joint and several liability - Proportionality - Equal treatment - Fines - Maximum limit of 10% of turnover - Real ability to pay)
Language of the case: Dutch
Parties
Applicant: Kendrion NV (Zeist, Netherlands) (represented initially by: P. Glazener and C. Meijer, then by P. Glazener and L. Haasbeek, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, A. Nijenhuis and S. Noë)
Re:
Application for annulment of Commission Decision C (2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 - Industrial bags), in so far as it is addressed to the applicant, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Kendrion NV to pay the costs.
____________1 - OJ C 96, 22.4.2006.