CJEU T‐95/15 / Judgment

Printeos, SA and Others v. European Commission
Policy area
Competition
Deciding body type
Court of Justice of the European Union
Deciding body
The General Court (Fourth Chamber, Extended Composition)
Type
Decision
Decision date
13/12/2016
ECLI (European case law identifier)
ECLI:EU:T:2016:722

Χάρτης των Θεμελιωδών Δικαιωμάτων της Ευρωπαϊκής Ένωσης

  • CJEU T‐95/15 / Judgment

    Key facts of the case:

    (Competition — Agreements, decisions and concerted practices — European stock/catalogue and special printed envelopes market — Decision establishing an infringement of Article 101 TFEU — Coordination of sales prices and allocation of customers — Settlement procedure — Fines — Basic amount — Exceptional adjustment — Maximum of 10% of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons — Equal treatment)

    Results (sanctions) and key consequences of the case:

    THE GENERAL COURT (Fourth Chamber, Extended Composition) hereby:

    1. Annuls Article 2(1)(e) of Commission Decision C(2014) 9295 final of 10 December 2014 relating to a proceeding under Article [101 TFEU] and Article 53 of the EEA Agreement (AT.39780 — Envelopes).
    2. Orders the European Commission to pay the costs.
  • Paragraphs referring to EU Charter (original language)
    1. Contrary to what is claimed by the Commission, in the light of the requirements laid down in Article 47 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 263 TFEU on the one hand, and Article 31 of Regulation No 1/2003 on the other (see, to that effect, judgment of 8 December 2011, Chalkor v Commission, C‑386/10 P, EU:C:2011:815, paragraphs 52 to 67), as referred to in paragraph 41 of the Settlement Notice, those principles are applicable mutatis mutandis to the obligation the Commission is under, by virtue of the second paragraph of Article 296 TFEU, to state the reasons for the decision imposing fines which it adopts at the conclusion of a settlement procedure, in which it is assumed that the undertaking concerned accepts only the maxim amount of the fine proposed. Indeed, it is in the light of the provisions of primary and secondary law referred to above that the Court of Justice has emphasised the special importance attached to the Commission’s duty to state the reasons for its decisions imposing fines in competition cases and, in particular, to explain the weighting and assessment of the various factors taken into account in determining the amount of fines, and to the court’s duty to verify of its own motion whether such reasons have been given (see, to that effect, judgment of 8 December 2011, Chalkor v Commission, C 386/10 P, EU:C:2011:815, paragraph 61).