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CJEU - T 348/08 / Judgment

Aragonesas Industrias y Energía, SAU v European Commission

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
General Court (Second Chamber)
Type:
Decision
Decision date:
25/10/2011
Key facts of the case:
 
Application, primarily, for the annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 – Sodium chlorate) to the extent to which it concerns Aragonesas Industrias y Energía and, in the alternative, for the annulment or a substantial reduction of the fine imposed on it in that decision
 
Results (sanctions) and key consequences of the case:
 
The Court 
  1. Annuls Article 1(g) of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 – Sodium chlorate) in so far as the Commission of the European Communities found therein an infringement by Aragonesas Industrias y Energía, SAU, from 16 December 1996 to 27 January 1998 and from 1 January 1999 to 9 February 2000; 
  2. Annuls Article 2(f) of Decision C(2008) 2626 final in so far as its sets the amount of the fine at EUR 9 900 000; 
  3. Dismisses the action as to the remainder;
  4. Orders Aragonesas Industrias y Energía to bear a third of its own costs and half of those incurred by the Commission;
  5. Orders the Commission to bear half of its own costs and two thirds of those incurred by Aragonesas Industrias y Energía.