Judgment of the General Court of 27 September 2012 - Heijmans Infrastructuur v Commission
(Case T-359/06)
(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Burden of proof - Fines - Gravity of the infringement - Imputability of the unlawful conduct - Obligation to state reasons - Rights of the defence)
Language of the case: Dutch
Parties
Applicant: Heijmans Infrastructuur BV (Rosmalen, Netherlands) (represented initially by M. Smeets and A. Van den Oord, and subsequently by M. Smeets, lawyers)
Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)
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, for reduction of the fine imposed on the applicant by that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Heijmans Infrastructuur BV to pay the costs.
____________1 - OJ C 20, 27.1.2007.