Judgment of the Court (Tenth Chamber) of 19 December 2013

Data

Court: Court of Justice

Case date: 19 december 2013

Verdict

Judgment of the Court (Tenth Chamber) of 19 December 2013 — Koninklijke Wegenbouw Stevin v Commission

(Case C‑586/12 P)

"Appeal - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Fixing of the gross price of road pavement bitumen - Fixing of a rebate for road builders - Evidence - Principle of equal treatment - Unlimited jurisdiction - Proportionality of the fine - Review by the Court"

AppealsGroundsIncorrect assessment of the facts and evidenceInadmissibilityReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 26)

AppealsJurisdiction of the CourtWhether it may review, on grounds of fairness, the assessment by the General Court in regard to the amount of the fines imposed on undertakings which have infringed the competition rules of the TreatyNot included (Art. 261 TFEU; Statute of the Court of Justice, Art. 58; Council Regulation No 1/2003, Art. 31) (see paras 32, 33)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 27 September 2012 in Case T‑357/06 Koninklijke Wegenbouw Stevin v Commission, by which the General Court dismissed an action, 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)), in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part:

The Court:

Dismisses the appeal;

Orders Koninklijke Wegenbouw Stevin BV to pay the costs.