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...

FSL v Commission (T-655/11): EU General Court reduces fine in southern Europe banana cartel; duration under 2006 Fining Guidelines and admissibility of national tax investigation evidence

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub records the position as at the judgment dated 16 June 2015 and is no longer maintained. See further: timeline, commentary and related/similar cases.

Case facts

The Commission’s decision of 12 October 2011 found a breach of Article 101 TFEU and imposed an €8.92m fine on FSL, jointly and severally with two subsidiaries, for a Subsidiary’s alleged involvement in a price‑fixing cartel in southern Europe concerning the supply of bananas (the ‘Exotic fruits—bananas cartel’). On 16 June 2015, the General Court partially annulled that decision and reduced the fine to €6.69m.

Outline

The appeal to the General Court sought Annulment and a reduction of the penalty. The ruling addresses principles on the burden of Proof for establishing the period of an undertaking’s participation in the cartel and, consequently, the Commission’s fine calculations under the 2006 Fining Guidelines, notably the duration multiplier. The matter is also noteworthy because the Commission relied on documents obtained by means other than a competition law investigation to assemble the evidence and, ultimately, to adopt an infringement decision against the parties...

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Web page updated on 21/05/2026

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