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In addition, they complete that they didn’t take part in one, advanced and continuing violation because they had no knowledge of the new full bundle, could not reasonably features foreseen they and have no started willing to accept the risks arising therefrom. Meant for its action, the fresh individuals have recorded three pleas in law. It is handled, specifically, the choice at issue, inside carrying that the applicant failed to work independently on the business and you may claiming Roca Sanitario as accountable for the perform, is vitiated because of the a great manifest error away from assessment. In support of the action, the fresh candidates trust around three pleas in law. Flaws from reason from the competitive decision that affect the fresh liberties out of protection out of Fapricela and possess led to a rectification out of the option.

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Misapplication of the 2006 Advice to the setting away from fees and penalties, and also the 1998 Assistance, in force not only from the topic date, as well as in the first number of years of one’s techniques. The brand new candidate obviously and you can publicly distanced by itself from the collusive arrangements inasmuch as its participation inside the conferences didn’t come with influence on its commercial carry out. Because value, the new failure to make usage of the fresh collusive plans is actually evidence your applicant’s participation inside group meetings did not influence the market carry out. Earliest, the new applicant says there could have been an infringement of Post 23(2) from Controls (EC) No 1/2003, (1) while the defendant don’t be the cause of plenty of mitigating issues on the applicant’s favour. In support of the experience, the brand new people have confidence in seven pleas in law. 4th, the fresh applicants claim that using the rules to the form fines (3) to help you issues and that ended a long time before guide of these assistance infringes the principle away from non-retroactivity.

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Finally, the fresh fine is actually unjustifiably and you may disproportionately high, particularly as a result of the lack of implementation or consequences to your industry. The new Candidate encourages the new Court to exercise the endless jurisdiction less than Article 261 TFEU to minimize the new great. Also, the newest Commission were not successful (i) to help you adequately put down the brand new accusations regarding the Declaration away from Arguments and you will (ii) to retain and you will disclose relevant and probably exculpatory proof.

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