Commission v Total and Elf Aquitaine (Judgment) [2017] EUECJ C-351/15 (19 January 2017)

Commission v Total and Elf Aquitaine (Judgment) [2017] EUECJ C-351/15 (19 January 2017)

The Commission's letters demanding default interest after full payment of the fine by Arkema produced binding legal effects and were challengeable acts under Article 263 TFEU. The Commission could not demand default interest from the respondents once the fine was fully paid by the subsidiary, as their liability was...

Source-derived case information.

Citation
[2017] EUECJ C-351/15
Parties
Appellant: European Commission; Respondent: Total SA; Respondent: Elf Aquitaine SA; Intervener: EFTA Surveillance Authority
Jurisdiction
European Union
Judgment Date
19 January 2017
Procedural Posture
Appeal / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Joint and Several Liability, Cartel Fines, Default Interest, Action for Annulment, Binding Legal Effects, Res Judicata, Lis Pendens
European Union Law Competition Law Administrative Law Joint and Several Liability Cartel Fines Default Interest Action for Annulment Binding Legal Effects +2 more

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Summary, issues, holding and outcome

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Parties

European Commission

Appellant

Total SA

Respondent

Elf Aquitaine SA

Respondent

EFTA Surveillance Authority

Intervener

Procedural Posture

Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the Commission's letters demanding default interest produced binding legal effects and were challengeable acts under Article 263 TFEU
  2. 2 Whether the General Court erred in law by holding the letters actionable
  3. 3 Whether the principles of lis pendens and res judicata were infringed

Ratio Decidendi

The Commission's letters demanding default interest after full payment of the fine by Arkema produced binding legal effects and were challengeable acts under Article 263 TFEU. The Commission could not demand default interest from the respondents once the fine was fully paid by the subsidiary, as their liability was purely derivative. The General Court did not err in law, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Dismisses the appeal
  • Orders the European Commission to bear its own costs and to pay those incurred by Total SA and Elf Aquitaine SA