In Stora, the Court of Justice found – as had the General Court earlier – that reliance on a presumption of that nature was legitimate, pointing out that, in such circumstances, the liability of the parent company is not to be inferred simply from the fact that it has a 100% shareholding in the subsidiary, but from the combination of that fact with a lack of evidence to refute the possibility that the parent company was in a position to exert decisive influence on its subsidiary’s commercial policy or to show that the subsidiary acted autonomously on the market.
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