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CJEU Case C-823/18 P / Judgment

European Commission v GEA Group AG.

Policy area:
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court ( Second Chamber)
Decision date:

Key facts of the case:

Appeal – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxised soybean oil and esters as their base – Price fixing, market allocation and exchange of commercially sensitive information – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Fines – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Principle of equal treatment – Date on which the fine is payable in the event of amendment.

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby:

  1. Sets aside the judgment of the General Court of the European Union of 18 October 2018, GEA Group v Commission (T‑640/16, EU:T:2018:700);
  2. Refers Case T‑640/16 back to the General Court of the European Union;
  3. Reserves the costs.