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On 25 October 2011, the ECJ handed down its judgment on appeals by Solvay against the General Court’s decision upholding the Commission’s decisions of December 1990 that Solvay had breached Arts 101 and 102 TFEU and imposing a fine of €23m.
The ECJ found that the General Court had made serious errors of law in assessing the alleged breaches of Solvay’s rights of access to the file and right to a hearing. In particular, the General Court failed to take account of the specific circumstances of the case. It concluded that because the Commission’s first decision had been annulled owing to the lack of proper authentication and the second contained the same objections, that it was unnecessary to hear Solvay.