Judgment of the General Court (Fourth Chamber) of 16 November 2011.#Kendrion NV v European Commission.#Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Economic entity - Joint and several liability - Proportionality - Equal treatment - Fines - Maximum limit of 10% of turnover - Real ability to pay.#Case T-54/06.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision C (2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 – Industrial bags), in so far as it is addressed to the applicant, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on the applicant.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Kendrion NV to pay the costs.