Judgment of the General Court of 6 February 2014 — AC-Treuhand v Commission

(Case T-27/10) (1)

(Competition - Agreements, decisions and concerted practices - European markets in tin heat stabilisers and ESBO/esters heat stabilisers - Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement - Consultancy firm not operating in the markets at issue - Fines - Application for annulment - Meaning of ‘undertaking’ - Principle of the legality of offences and penalties - Duration of the infringement - Limitation - Duration of the administrative procedure - Reasonable period - Rights of the defence - Late notification of the investigation - Maximum of 10 % of turnover - Punishment of two infringements in one decision - Concept of a single infringement - Application for variation - Amount of the fines - Duration of the infringements - Duration of the administrative procedure - 2006 Guidelines on the method of setting fines - Value of sales - Symbolic fine - Unlimited jurisdiction)

2014/C 78/12

Language of the case: German

Parties

Applicant: AC-Treuhand AG (Zurich, Switzerland) (represented by: C. Steinle and I. Bodenstein, lawyers)

Defendant: European Commission (represented by: F. Ronkes Agerbeek and R. Sauer, Agents, and by A. Böhlke, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers), or, in the alternative, for a reduction of the fines imposed.

Operative part of the judgment

The Court:

(1)  OJ C 100, 17.4.2010.