Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009.#Elf Aquitaine SA v Commission of the European Communities.#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.#Case T-174/05.

ECLI:EU:T:2009:368Eu Chamb 07 TSep 30, 2009

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Subject of the case
Operative part

Subject of the case

Re:

APPLICATION for, 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

Operative part

The Court:

1. Dismisses the action;

2. Orders Elf Aquitaine SA to pay the costs.

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