Jurisdiction(s):
United Kingdom

Key definition

Annulment definition

What does Annulment mean? Annulment is the family court process for obtaining a nullity order confirming that a marriage is either void (never legally valid) or voidable (valid unless and until annulled). It is used instead of divorce where a party challenges the marriage’s validity. In England and Wales, annulment (nullity of marriage) is governed by the Matrimonial Causes Act 1973 and case law; in Northern Ireland by the Matrimonial Causes (Northern Ireland) Order 1978; in Scotland principally by the Marriage (Scotland) Act 1977 and case law; and in Ireland by the Family Law (Nullity of Marriage) Act 1995 and case law. Scots law provides...

Heat stabilisers cartel—EU General Court dismisses Faci’s challenge to Commission decision; confirms strict requirements for 'inability to pay' fine reductions (T‑46/10)

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Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment dated 20 March 2014; it is no longer being maintained.

Case facts ARCHIVE—20/03/2014

Outline

Appeal before the General Court seeking annulment and/or a reduction of the penalty arising from the Commission’s decision of 11 November 2009, which found infringements of article 101 TFEU and Article 53 EEA and imposed a fine linked to Faci’s involvement in EEA-wide cartels in the market for tin and ESBO/esters heat stabilisers. Amongst other matters, the case concerns whether the Commission has produced evidence that, to the requisite legal standard, demonstrates circumstances amounting to an infringement.

Parties

Applicants: Faci SpA (Faci)
Defendant: European Commission

Faci is an Italian company, with a presence in the UK and Spain, which manufactures and supplies, amongst other products, epoxidised soya bean oil and esters.

Background

On 11 November 2009, the Commission levied aggregate fines of €173.86m on 24 undertakings from ten corporate groups for alleged participation in EEA-wide cartels affecting tin and ESBO/esters heat stabilisers between 1987 and 2000 (tin stabilisers) and between 1991 and 2000 (ESBO/esters). The Italian undertaking Faci received a fine of €5.94m for its role...

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