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Furthermore, they fill in that they failed to participate in an individual, cutting-edge and continuing infringement because they didn’t come with experience in the brand new overall plan, cannot reasonably features anticipated it and you can don’t have become happy to accept the dangers developing therefrom. In support of its action, the brand new candidates have registered about three pleas in law. It’s handled, in particular, that the choice involved, in the holding that the candidate failed to efforts on their own for the industry and you may claiming Roca Sanitario to be responsible for its conduct, is vitiated because of the a good reveal mistake from evaluation. Meant for the experience, the new applicants rely on three pleas in-law. Faults of cause on the contested choice that affect the new liberties of protection from Fapricela and possess lead to an excellent rectification out of the decision.
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Misapplication of your 2006 Assistance to the form away from fees and penalties, and also the 1998 Assistance, in effect not just at the thing go out, but also within the earliest couple of years of one’s processes. The fresh applicant clearly and you can in public distanced by itself regarding the collusive preparations inasmuch as the participation in the meetings didn’t come with affect their commercial carry out. Because regard, the fresh incapacity to make usage of the fresh collusive preparations the power of ankh free spins no deposit try proof your applicant’s involvement within the meetings did not influence the industry conduct. Very first, the newest candidate states that there has been an infringement from Blog post 23(2) away from Controls (EC) No 1/2003, (1) as the accused failed to be the cause of a lot of mitigating items on the applicant’s go for. Meant for the action, the newest applicants have confidence in seven pleas in-law. Last, the brand new individuals claim that the use of the guidelines to your form fines (3) to help you issues and that finished long before guide of those assistance infringes the main out of non-retroactivity.
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Finally, the newest fine are unjustifiably and you can disproportionately large, particularly due to the lack of implementation otherwise consequences on the the market industry. The brand new Applicant invites the brand new Judge to exercise the limitless legislation below Article 261 TFEU to reduce the newest fine. Furthermore, the fresh Percentage failed (i) so you can sufficiently lay out the newest allegations from the Report out of Arguments and you can (ii) to retain and you will reveal relevant and you may probably exculpatory proof.
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