Judgment of the Court of First Instance of 30 September 2009 — Elf Aquitaine v Commission

(Case T-174/05) (1)

(Competition - Agreements, decisions and concerted practices - Monochloroacetic acid market - Decision finding an infringement of Article 81 EC - Market sharing and price fixing - Rights of the defence - Obligation to state the reasons on which the decision is based - Imputability of the infringement - Principle that penalties must fit the offence - Principle that penalties must have a proper legal basis - Presumption of innocence - Principle of sound administration - Principle of legal certainty - Misuse of powers - Fines)

2009/C 282/66

Language of the case: French

Parties

Applicant: Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery and É. Friedel, lawyers)

Defendant: Commission of the European Communities (represented by: initially A. Bouquet and F. Amato and subsequently by A. Bouquet and X. Lewis, Agents)

Re:

Principally, annulment of Articles 1(d), 2(c), 3 and 4(9) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/ E-1/37.773 — MCAA) or, in the alternative, application for annulment of Article 2(c) of that decision, or, in the further alternative, application for variation of the said Article 2(c)

Operative part of the judgment

The Court:

(1)  OJ C 171, of 9.7.2005.