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
  • CJEU - T 348/08 / Judgment
    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.