Judgment of the General Court of 27 September 2012 - Ballast Nedam v Commission
(Case T-361/06)
(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Rights of the defence - Effects in relation to third parties of a judgment annulling a measure)
Language of the case: Dutch
Parties
Applicant: Ballast Nedam NV (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 (i) application for annulment in part of that decision in so far as it sets the duration of the infringement with respect to the applicant and (ii) application for a reduction of the fine imposed on the applicant.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ballast Nedam NV to pay the costs.
____________1 - OJ C 20, 27.1.2007.