Judgment_paragraph 10 · Total SA v European Commission (C-597/13 P)

10In the judgment in Total Raffinage Marketing v Commission (T‑566/08, EU:T:2013:423), given on the same day as the judgment under appeal in the present case, the General Court reduced the total amount of the fine imposed on the subsidiary, Total France, of which Total Raffinage Marketing SA is the successor in law, to EUR 125459842 whilst dismissing the remainder of the application that Total Raffinage Marketing SA had brought in parallel to the application brought by Total, its parent company. The General Court held that, when determining the multiplier reflecting the duration of Total France’s participation in the infringement, the Commission had breached the principles of proportionality and equal treatment by assimilating a period of participation of 7 months and 28 days for paraffin waxes and a participation period of 6 months and 12 days for slack wax to participation for a full year. Nevertheless, in the judgment under appeal, the General Court did not reduce the fine imposed on Total to the same extent.