Judgment of the General Court (Eighth Chamber) of 26 June 2014 —
Quimitécnica.com and de Mello v Commission
(Case T‑564/10)
Competition — Agreements, decisions and concerted practices — European market in animal feed phosphates — Fines — Payment in instalments — Commission decision requiring a bank guarantee to be set up — Obligation to state reasons — Proportionality
1. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision ordering a bank guarantee to be constituted in order to accede to the request for payment of the fine by instalments, in the context of competition law (Art. 296 TFEU) (see paras 42-44)
2. Union law — Principles — Proportionality — Scope — Discretion of the EU legislature — Judicial review — Limits (see paras 55, 56)
3. Competition — Fines — Discretion of the Commission — Scope — Power to fix the methods of payment of the fines — Requirement of a bank guarantee from a bank with a long-term ‘AA’ credit rating — Judicial review — Limits (Commission Regulation No 2342/2002, Art. 85) (see paras 58-63, 65, 66)
Re:
| APPLICATION for the annulment in part of the decision allegedly set out in the letter from the Commission’s accounting officer of 8 October 2010 concerning payment of the fine imposed on the applicants under Commission Decision C(2010) 5004 final of 20 July 2010 relating to a proceeding pursuant to Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.886 — Animal feed phosphates), in so far as that letter requires the applicants to provide a bank guarantee from a bank that has received a long-term ‘AA’ credit rating in order for the application to pay in instalments to be granted. |
Operative part
The Court:
2. | | Orders Quimitécnica.com — Comércio e Indústria Química, SA and José de Mello — Sociedade Gestora de Participações Sociais, SA to bear their own costs and to pay those of the European Commission. |