Дело C-179/12: The Dow Chemical Company/Комисия, Съдебно решение от 26 септември 2013 г.

Текст

... ticle 81 EC – Imputability of the unlawful conduct of a subsidiary to its parent company – Joint control by two parent companies – Decisive influence – Rights of defence – Increase in the fine – Deterrent effect)

In Case C‑179/12 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 16 April 2012,

The Dow Chemical Company, established in Midland (United States), represented by D. Schroeder, Rechtsanwalt,

appellant,

the other party to the proceedings being:

European Commission, represented by P. Van Nuffel, V. Bottka and L. Malferrari, acting as Agents, with an address for service in Luxembourg,

defendant at first instance,

THE COURT (Ninth Chamber),

composed of J. Malenovský, President of the Chamber, U. Lõhmus (Rapporteur) and M. Safjan, Judges,

Advocate General: P. Mengozzi,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1. By its appeal, The Dow Chemical Company (‘Dow’) asks the Court of Justice, first, to set aside the judgment of the General Court of the European Union of 2 February 2012 in Case T‑77/08 (‘the judgment under appeal’), by which the General Court dismissed Dow’s application for the annulment of Commission Decision C(2007) 5910 final of 5 December 2007, relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/F/38.629 – Chloroprene Rubber) (‘the decision of 5 December 2007’), as amended ...