CJEU - C 40/12 P / Opinion

Gascogne Sack Deutschland GmbH, formerly Sachsa Verpackung GmbH v European Commission
Deciding body type
Court of Justice of the European Union
Deciding body
Advocate General
Decision date
  • CJEU - C 40/12 P / Opinion
    Key facts of the case:
    1. On 16 November 2011 the General Court delivered three separate judgments (2) in which it dismissed separate applications seeking annulment of the Commission’s decision in Case COMP/38354 – Industrial Bags. (3) In that decision, the Commission found that there had been a serious, long-lasting infringement of what was at the time Article 81 EC (now Article 101 TFEU); and it imposed heavy fines on a number of subsidiary companies and their respective parents. This is one of the appeals from those judgments of the General Court. 
    Results (sanctions) and key consequences of the case:
    The Court should:
    • dismiss the first and third grounds, and the first part of the second ground, of appeal as unfounded;
    • set aside the judgment of the General Court in Case T-79/06 Sachsa Verpackung v Commission, insofar as it dismissed the claim that the fine should not have been set at EUR 3.3 million for the period preceding Groupe Gascogne’s acquisition of Gascogne Sack Deutschland, and substitute EUR 2 078 400 for that figure;
    • declare that the General Court failed to adjudicate within a reasonable time in Case T-79/06; and
    • order Gascogne Sack Deutschland to bear its own costs, and to pay two thirds of the Commission’s costs.
  • Paragraphs referring to EU Charter