Judgment of the General Court of 6 March 2012 — FLS Plast v Commission
(Case T-64/06) (1)
(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability - Principle of ne bis in idem)
2012/C 118/35
Language of the case: English

Parties
Applicant: FLS Plast A/S (Valby, Denmark) (represented initially by: K. Lasok QC and subsequently by M. Thill-Tayara, lawyer)
Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)

Re:
Application for the partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment
The Court:
1.
Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds FLS Plast A/S liable for the single and continuous infringement referred to in Article 1(1) thereof, for the period from 31 December 1990 to 31 December 1991;
2.
Sets the amount for payment of which FLS Plast is held jointly and severally liable under Article 2(f) of Decision C(2005) 4634 at EUR 14.45 million;
3.
Dismisses the action as to the remainder;
4.
Orders the European Commission and FLS Plast each to bear their own costs.
(1)  OJ C 96, 22.4.2006.

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