Reports of Cases
Report s of C ases JUDGMENT OF THE GENERAL COURT (Sixth Chamber) 27 September 2012 * (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment) In Case T-347/06, Nynäs Petroleum AB, established in Stockholm (Sweden), Nynas Belgium AB, established in Stockholm, represented by A. Howard, Barrister, M. Dean and D. McGowan, Solicitors, applicants, v European Commission, represented by F. Castillo de la Torre, acting as Agent, and by L. Gyselen, lawyer, defendant, APPLICATION, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) and, in the alternative, for reduction of the fine imposed on the applicants by that decision, THE GENERAL COURT (Sixth Chamber), composed of M. Jaeger, President, N. Wahl and S. Soldevila Fragoso (Rapporteur), Judges, Registrar: N. Rosner, Administrator, having regard to the written procedure and further to the hearing on 15 June 2011, gives the following * Language of the case: English. EN ECLI:EU:T:2012:480 1 JUDGMENTOF 27. 9. 2012 — CASE T-347/06 NYNÄS PETROLEUM ET NYNAS BELGIUM v COMMISSION Judgment The facts 1 The Nynas group’s activity is essentially the production and marketing of bitumen and naphthenic oils. Nynäs Petroleum AB (‘Nynäs AB’), the parent company of the Nynas group, which is located in Sweden, carried on its activities in the bitumen sector in continental Europe through the Belgian company Nynas NV/SA (‘Nynas NV’), which it wholly owned and which produced bitumen in a refinery located in Antwerp (Belgium) and marketed some of it in the Netherlands.
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