Judgment of the General Court (Fourth Chamber) of 6 March 2012.#UPM-Kymmene Oyj v European Commission.#Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Single and continuous infringement — Fines — Gravity of the infringement — Mitigating circumstances — Undertaking playing a passive role — Proportionality.#Case T-53/06.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags).

Operative part

Operative part

The Court:

1. Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds UPM-Kymmene Oyj liable for the single and continuous infringement referred to in Article 1(1) thereof, in respect of the period prior to 10 October 1995;

2. Sets the amount of the fine imposed by Article 2(j) of that decision at EUR 50.7 million;

3. Dismisses the action as to the remainder;

4. Orders the European Commission and UPM-Kymmene each to bear their own costs.