- By its appeal, Eni SpA (‘Eni’) asks the Court to set aside the judgment of the General Court of the European Union in Case T‑39/07 Eni v Commission  ECR II‑0000 (‘the judgment under appeal’), by which that Court dismissed in part its action seeking annulment of Commission Decision C (2006) 5700 final of 29 November 2006 relating to a proceeding under Articles 81 EC and 53 of the EEA Agreement (Case COMP/F/38.638 – butadiene rubber and emulsion styrene-butadiene rubber) (‘the contested decision’), or, in the alternative, to annul or reduce the fine imposed on it.
- The European Commission has cross-appealed, seeking the setting aside of the judgment under appeal in so far as it annulled the contested decision as regards the finding of aggravating circumstances, namely repeated infringements, and consequently reduced the amount of the fine.
- Dismisses the main appeal and the cross-appeal;
- Orders Eni SpA to pay the costs of the main appeal;
- Orders the European Commission to pay the costs of the cross-appeal.
38, 40-42, 67-70