Judgment of the Court of First Instance of 27 September 2006 –Avebe v Commission

(Case T-314/01) (1)

(Competition - Agreements, decisions and concerted practices - Sodium gluconate - Article 81 EC - Fine - Liability of the parent company for the unlawful conduct of an association without its own legal personality - Article 15(2) of Regulation No 17 - Rights of the defence - Exculpatory documents - Principle of proportionality - Obligation to state reasons)

(2006/C 294/83)

Language of the case: Dutch

Parties

Applicant: Coöperatieve Verkoop- en Productievereniging van Aardappelmeel en Derivaten Avebe BA (Veendam, Netherlands) (represented by: C. Dekker, lawyer)

Defendant: Commission of the European Communities (represented by: A. Bouquet, A. Whelan and W. Wils, Agents, assisted by M. van der Woude, lawyer)

Re:

Annulment of Article 1 of Decision C(2001) 2931 of 2 October 2001 concerning a procedure under Article 81 of the Treaty and Article 53 of the EEA Agreement (Case No COMP/E 1/36.756 — Sodium Gluconate), in so far as it pertains to the applicant or, in the alternative, annulment of Article 3 of that decision in so far as it pertains to the applicant

Operative part of the judgment

The Court:

(1)  OJ C 68, 16.3.2002.