Case T- 470/11 Total and Elf Aquitaine v Commission (payment of fines) [Archived]
Case T- 470/11 Total and Elf Aquitaine v Commission (payment of fines) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 470/11 Total and Elf Aquitaine v Commission (payment of fines) [Archived]
  • Case facts
  • Timeline
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 29 April 2015; it is no longer maintained.

See further: timeline and related/relevant cases

Case facts

Outline Appeal to the General Court seeking annulment of Commission letters claiming from the applicants certain amounts corresponding to fines imposed by the Commission in its decision of 31 May 2006 (in relation to Total and Elf's alleged participation in the 'Acrylic glass' cartel) and in the context of measures adopted subsequently by the Commission to execute General Court judgments which reduced the fine imposed on the applicants’ subsidiaries but dismissed the action brought by the applicants.

On 29 April 2015, the General Court annulled the letters in dispute but only insofar as the Commission demands Elf pay default interest in the amount of €31.31m (and which Total is jointly and severally liable for the amount of €19.19m).

This case focuses on the payment of fines in cartel matters (and the implications for any such payments required by parent companies where appeals brought before the courts result in reductions of fine for jointly and severally liable subsidiaries).

Parties Applicants:
• Total SA (Total)
• Elf