No Automatic Moving Up in the Leniency Queue: Case C-694/19 P Italmobiliare

Abstract

Judgment of 15 April 2021, Italmobiliare SpA and Others v European Commission, C-694/19 P, ECLI: EU: C: 2021: 286 Leniency applicants cannot claim immunity or move up in the leniency reductions queue automatically and solely by reason of the fact that another undertaking, which was already granted immunity has ceased to be eligible for that benefit. In April 2021, the Court of Justice (‘the Court’) rejected an appeal against the General Court’s decision in the Italmobiliare case (Case T-523/15 Italmobiliare SpA and Others v European Commission, ECLI:EU:T:2019:499) and found that the General Court had correctly dismissed the applicants’ action for annulment against the European Commission Decision C(2015) 4336 final in case AT.39563—Retail Food Packaging. On 24 June 2015, the European Commission (‘Commission’) adopted Decision C(2015) 4336 final in case AT.39563—Retail Food Packaging. By that decision, the Commission fined eight manufacturers and...