Judgment of the General Court of 27 September 2012 - Ballast Nedam Infra v Commission
(Case T-362/06)
(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Fines - Proof of the infringement - Gravity of the infringement - Imputability of the unlawful conduct - Rights of the defence - Production of new pleas in the course of proceedings - Unlimited jurisdiction)
Language of the case: Dutch
Parties
Applicant: Ballast Nedam Infra BV (Nieuwegein (Netherlands)) (represented: initially by A. Bosman and J. van de Hel, and subsequently by A. Bosman and E. Oude Elferink, lawyers)
Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted initially by F. Wijckmans, F. Tuytschaever and L. Gyselen, and subsequently by F. Wijckmans and F. Tuytschaever, lawyers)
Re:
Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 - Bitumen (Netherlands)) in so far as it concerns the applicant, and, in the alternative, first, for annulment in part of that decision and for reduction of the fine imposed on the applicant and, second, for annulment in part of that decision in so far as it sets the duration of the infringement with respect to the applicant and for a corresponding reduction of the fine imposed on it.
Operative part of the judgment
The Court:
Annuls Article 1(a) of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 - Bitumen (Netherlands)) in so far as it concerns the participation of Ballast Nedam Infra BV in the infringement between 21 June 1996 and 30 September 2000;
Reduces the amount of the fine imposed jointly and severally on Ballast Nedam Infra in Article 2(a) of that decision to EUR 3.45 million;
Orders each party to bear its own costs.
____________1 - OJ C 20, 27.1.2007.