CJEU - C-617/13 P / Judgment

Repsol Lubricantes y Especialidades and Others v Commission
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Fifth Chamber)
Type
Decision
Decision date
09/06/2016
ECLI (European case law identifier)
ECLI:EU:C:2016:416

EU Charter of Fundamental Rights

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

VIEW FULL CASE
  • CJEU - C-617/13 P / Judgment

    Key facts of the case:

    Appeal — Article 81 EC — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Market sharing and price coordination — Notice on immunity from fines and reduction of fines in cartel cases (2002) — Final paragraph of point 23(b) — Partial immunity from fines — Evidence of facts previously unknown to the Commission

    Results (sanctions) and key consequences of the case:

    ...the Court (Fifth Chamber) hereby:

    1. Dismisses the appeal;
    2. Orders Repsol Lubricantes y Especialidades SA, Repsol Petróleo SA and Repsol SA to pay the costs.
  • Paragraphs referring to EU Charter
    1. It should be borne in mind that the sanction for a breach, by a Court of the European Union, of its obligation under the second paragraph of Article 47 of the Charter to adjudicate on the cases before it within a reasonable period must be an action for damages brought before the General Court, since such an action constitutes an effective remedy. It follows that a claim for compensation in respect of the damage caused by the General Court’s failure to adjudicate within a reasonable period may not be made directly to the Court of Justice in the context of an appeal, but must be brought before the General Court itself (see judgments of 10 July 2014 in Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 66; of 9 October 2014 in ICF v Commission, C‑467/13 P, EU:C:2014:2274, paragraph 57; and of 12 November 2014 in Guardian Industries and Guardian Europe v Commission, C‑580/12 P, EU:C:2014:2363, paragraphs 17 and 18).