Дело C-172/12: EI du Pont de Nemours/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 – Joint and several liability – Limitation period – Legitimate interest)

In Case C‑172/12 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 5 April 2012,

EI du Pont de Nemours and Company, established in Wilmington (United States), represented by J. Boyce and A. Lyle-Smythe, Solicitors,

appellant,

the other parties to the proceedings being:

European Commission, represented by V. Bottka and A. Biolan, acting as Agents, with an address for service in Luxembourg,

defendant at first instance,

DuPont Performance Elastomers LLC, established in Wilmington,

DuPont Performance Elastomers SA, established in Grand-Saconnex (Switzerland),

Represented by J. Boyce and A. Lyle-Smythe,

applicants 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, EI du Pont de Nemours and Company (‘EI DuPont’) asks the Court, first, to set aside the judgment of the General Court of the European Union of 2 February 2012 in Case T‑76/08 (‘the judgment under appeal’), by which the General Court dismissed EI DuPont’s application for the annulment of Articles 1 and 2 of Commission ...