9.11.2015

EN

Official Journal of the European Union

C 371/5

Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total SA v European Commission

(Case C-597/13 P) ( 1 )

((Appeals - Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Infringement committed by a subsidiary wholly owned by the parent company - Presumption of decisive influence exercised by the parent company over its subsidiary - Liability of the parent company arising solely from the unlawful conduct of its subsidiary - Judgment reducing the fine imposed on the subsidiary - Effects on the legal situation of the parent company))

(2015/C 371/06)

Language of the case: French

Parties

Appellant: Total SA (represented by: É. Morgan de Rivery and É. Lagathu, avocats)

Other party to the proceedings: European Commission (represented by: É. Gippini Fournier and P. Van Nuffel, acting as Agents)

Operative part of the judgment

The Court:

1)

Sets aside the judgment of the General Court of the European Union in Total v Commission (T-548/08, EU:T:2013:434) in so far as it did not bring the fine imposed on Total SA into line with the fine imposed on Total Raffinage Marketing SA by the judgment in Total Raffinage Marketing v Commission (T-566/08, EU:T:2013:423);

2)

Dismisses the appeal as to the remainder;

3)

Sets the fine imposed on Total SA jointly and severally with Total Raffinage Marketing SA in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes) at EUR 12 5 4 59 842;

4)

Orders Total SA to bear three quarters of the costs of the European Commission and of its own costs relating to the present appeal and the proceedings at first instance;

5)

Orders the European Commission to bear one quarter of its own costs and of the costs of Total SA relating to the present appeal and the proceedings at first instance.

( 1 ) OJ C 45, 15.2.2014 .