Article 41 - Right to good administration
Article 49 - Principles of legality and proportionality of criminal offences and penalties
Key Facts of the Case
European Commission, represented initially by A. Dawes and N. von Lingen, and subsequently by A. Dawes and G. Meessen, acting as Agents, and by B. Kennelly and H. Mussa, Barristers,
APPLICATION for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicant, and for variation of the fine imposed on it in that decision.
Results (sanctions) and key consequences of the case:
THE GENERAL COURT (Ninth Chamber)
Dismisses the action;
Orders Schenker Ltd to pay the costs.
The second part, concerning a breach of Article 41 of the Charter of Fundamental Rights and the principle of sound administration, and the third part, concerning a breach of the duty to state reasons
The breach of Article 41 of the Charter of Fundamental Rights and the principle of sound administration