6.4.2013
EN
Official Journal of the European Union
C 101/2
Order of the Court of 13 September 2012 — Total SA, Elf Aquitaine SA v European Commission
(Case C-495/11 P) (1)
(Appeal - Regulation (EC) No 1/2003 - Competition - Agreements, decisions and concerted practices - Infringement of the principles of conferred powers and of proportionality - Manifestly incorrect interpretation - Infringement of the rights of the defence and of the principles of equity and of the equality of arms - Obligation to state reasons)
2013/C 101/03
Language of the case: French
Parties
Appellants: Total SA, Elf Aquitaine SA (represented by: E. Morgan de Rivery and A. Noël-Baron, avocats)
Other party to the proceedings: European Commission (represented by: B. Gencarelli, P. Van Nuffel and V. Bottka, acting as Agents)
Re:
Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 14 July 2011 in Case T-190/06 Total and Elf Aquitaine v Commission by which that Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons
Operative part of the order
1.
The appeal is dismissed.
2.
Total SA and Elf Aquitaine SA shall pay the costs.
(1) OJ C 355, 3.12.2011.
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