The Suez Environnement seal case – EUR 8 million fine for breaching a Commission seal during an inspection

When they arrived at LDE’s headquarters in Par‐ is on the second day of the inspection, the Com‐ mission officials conducting the inspection found that a seal had been breached. The Commission swiftly opened a standalone procedure against Suez Environnement for alleged breach of seal on LDE premises. LDE and Suez Environnement admitted that an LDE employee had breached the seal, arguing that it was an unintentional act. On 24 May 2011(2), the Commission adopted a decision under Article 23(1)(e) of Council Regulation (EC) No 1/2003(3) imposing a fine of EUR 8 million jointly and severally on Suez Environnment and LDE for this breach of the Commission’s procedur‐ al rules. This was the second time the Commission imposed a fine for breach of seal(4). This article sets out the main factual and legal elements on which the decision is based.