CCPL and Others v Commission (Competition - Agreements, decisions and concerted practices - Food packaging for retail sale - Judgment) French Text [2022] EUECJ T-130/21 (07 December 2022)

CCPL and Others v Commission (Competition - Agreements, decisions and concerted practices - Food packaging for retail sale - Judgment) French Text [2022] EUECJ T-130/21 (07 December 2022)

The Tribunal found the Commission correctly applied the presumption of decisive influence to CCPL, properly calculated fines in accordance with Article 23(2) of Regulation No 1/2003 and relevant jurisprudence, and did not err in its assessment of the applicants' ability to pay, as the financial evidence did not meet...

Source-derived case information.

Citation
[2022] EUECJ T-130/21
Parties
Applicant: CCPL - Consorzio Cooperative di Produzione e Lavoro SC; Applicant: Coopbox Group SpA; Applicant: Coopbox Eastern s.r.o.; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Judicial Review (recours En Annulation) / Final Judgment
Outcome
Application dismissed
Legal Topics
Cartels, Food Packaging, Calculation of Fines, Parent Company Liability, Proportionality, Equality of Treatment, Ability to Pay
Competition Law European Union Law Cartels Food Packaging Calculation of Fines Parent Company Liability Proportionality Equality of Treatment +1 more

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Summary, issues, holding and outcome

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Parties

CCPL - Consorzio Cooperative di Produzione e Lavoro SC

Applicant

Coopbox Group SpA

Applicant

Coopbox Eastern s.r.o.

Applicant

Commission européenne

Respondent

Procedural Posture

Judicial Review (recours En Annulation) / Final Judgment

  1. 1 Whether the Commission violated the obligation to state reasons and Article 23(2) of Regulation No 1/2003 in imputing liability to the parent company
  2. 2 Whether the Commission breached principles of proportionality and equality of treatment in calculating fines
  3. 3 Whether the Commission erred in assessing the applicants' ability to pay

Ratio Decidendi

The Tribunal found the Commission correctly applied the presumption of decisive influence to CCPL, properly calculated fines in accordance with Article 23(2) of Regulation No 1/2003 and relevant jurisprudence, and did not err in its assessment of the applicants' ability to pay, as the financial evidence did not meet the threshold for reduction under the 2006 Guidelines.

Court Disposition

Application dismissed

Orders

  • Applicants' claims for annulment and reduction of fines are rejected
  • Applicants are ordered to pay costs