CASE COMMENTS : ANTICOMPETITIVE AGREEMENT – IMPUTABILITY – PARENT – SUBSIDIARY RELATIONSHIP – PRESUMPTION OF DECISIVE INFLUENCE

Presumption of decisive influence: The Court of Justice rejects the appeal and rules that the rebuttable presumption of decisive influence of the parent company on its subsidiaries does not breach the right to a fair trial (Eni)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Appeal brought by Eni SpA against the judgmentof the Court of First Instance of 13 July 2011 in Case T-371/01 Eni v Commission (Case T-39/07), the Court of Justice of the European Union rejects the two pleas in law raised in its support. The Court also had before it a cross-appeal brought by the Commission, which it also dismissed. For the purposes of this column, only the appellant's appeal will be considered. As regards the first plea in law, the appellant submits, in essence, that the Court of First Instance should have annulled the contested decision in so far as, by holding it liable for the infringement committed by Syndial and/or Versalis, its

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • European Court of Justice (Luxembourg)

Quotation

Cyril Sarrazin, Presumption of decisive influence: The Court of Justice rejects the appeal and rules that the rebuttable presumption of decisive influence of the parent company on its subsidiaries does not breach the right to a fair trial (Eni), 8 May 2013, Concurrences N° 3-2013, Art. N° 53519, p. 64

Visites 381

All reviews