Judgment of the General Court of 15 July 2015 — GEA Group v Commission
(Case T-189/10) 1
(Competition — Agreements, decisions and concerted practices — European markets in heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by subsidiaries — Fines — Joint and several liability of the subsidiaries and the parent company — Exceeding the 10% ceiling for one of the subsidiaries — Decision readopted — Reduction of the fine for that subsidiary — Attribution to the other subsidiary and the parent company of the obligation to pay the reduced fine — Rights of the defence — Right to be heard — Right of access to the file)
Language of the case: German
Parties
Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: A. Kallmayer, I. du Mont and G. Schiffers, lawyers)
Defendant: European Commission (represented by: R. Sauer and F. Ronkes Agerbeek, acting as Agents, and W. Berg, lawyer)
Re:
Application for annulment of Commission Decision C(2010) 727 of 8 February 2010, amending 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/38.589 — Heat Stabilisers) or, in the alternative, a reduction of the amount of the fines imposed on the applicant.
Operative part of the judgment
The Court:
Annuls Commission Decision C(2010) 727 of 8 February 2010, amending 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/38.589 — Heat Stabilisers), in so far as it concerns GEA Group AG;
Orders the European Commission to pay the costs.
____________1 OJ C 179, 3.7.2010.