Judgment of the Court (Fifth Chamber) of 5 June 2014 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Kone AG, Otis GmbH, Schindler Aufzüge und Fahrtreppen GmbH, Schindler Liegenschaftsverwaltung GmbH, ThyssenKrupp Aufzüge GmbH v ÖBB-Infrastruktur AG
(Case C-557/12) 1
(Article 101 TFEU — Damages for the loss caused by a cartel prohibited by that article — Loss resulting from the higher price charged by an undertaking as a result of a prohibited cartel to which it is not a party (‘Umbrella pricing’) — Causal link)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicants: Kone AG, Otis GmbH, Schindler Aufzüge und Fahrtreppen GmbH, Schindler Liegenschaftsverwaltung GmbH, ThyssenKrupp Aufzüge GmbH
Defendant: ÖBB-Infrastruktur AG
Re:
Request for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 101 TFEU — Damages for the loss caused by a cartel prohibited by that article — Loss resulting from the higher price charged by an undertaking as a result of a prohibited cartel to which it is not a party
Operative part of the judgment
Article 101 TFEU must be interpreted as meaning that it precludes the interpretation and application of domestic legislation enacted by a Member State which categorically excludes, for legal reasons, any civil liability of undertakings belonging to a cartel for loss resulting from the fact that an undertaking not party to the cartel, having regard to the practices of the cartel, set its prices higher than would otherwise have been expected under competitive conditions.
____________1 OJ C 71, 9.3.2013.