Judgment of the General Court of 14 July 2011 - Total and Elf Aquitaine v Commission
(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Rights of the defence - Presumption of innocence - Obligation to state the reasons on which the decision is based - Equal treatment - Principle that penalties must fit the offence - Principle of nullum crimen, nulla poena sine lege - Principle of sound administration - Legal certainty - Misuse of powers - Fines)
Language of the case: French
Parties
Applicants: Total SA (Courbevoie, France) and Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery, A. Noël-Baron and E. Lagathu, lawyers)
Defendant: European Commission (represented initially by F. Arbault and O. Beynet, and subsequently by V. Bottka, P.J. Van Nuffel and B. Gencarelli, Agents)
Re:
Action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 - Hydrogen peroxide and perborate) and, in the alternative, for amendment of Article 2(i) of that decision.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Total SA and Elf Aquitaine SA to pay the costs.
____________1 - OJ C 212, 2.9.2006.