Judgment of the Court (Fourth Chamber) of 6 December 2012 - European Commission v Verhuizingen Coppens NV
(Case C-441/11 P)
(Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - International removal services market in Belgium - Cartel involving three individual agreements - Single and continuous infringement - Failure to prove that an undertaking party to an individual agreement was aware of the other individual agreements - Annulment, in whole or in part, of the Commission decision - Articles 263 TFEU and 264 TFEU)
Language of the case: Dutch
Parties
Appellant: European Commission (represented by: A. Bouquet, S. Noë and F. Ronkes Agerbeek, Agents)
Other party to the proceedings: Verhuizingen Coppens NV (represented by: J. Stuyck and I. Buelens, advocaten)
Re:
Appeal brought against the judgment delivered by the General Court (Eighth Chamber) on 16 June 2011 in Case T-210/08 Verhuizingen Coppens v Commission by which the General Court annulled Article 1(i) and Article 2(k) of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 - International Removal Services)
Operative part of the judgment
The Court:
1. Sets aside the judgment of the General Court of the European Union of 16 June 2011 in Case T-210/08 Verhuizingen Coppens v Commission;
2. Annuls Article 1(i) of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/38.543 - International Removal Services) in so far as, by that provision, the European Commission does not simply find that Verhuizingen Coppens NV had participated in the agreement on a system of false quotes, known as 'cover quotes', from 13 October 1992 to 29 July 2003, but finds that company liable for the agreement on a system of financial compensation for rejected offers or for not quoting at all, known as 'commissions', and attributes to it liability for the single and continuous infringement;
3. Sets the amount of the fine imposed on Verhuizingen Coppens NV under Article 2(k) of Decision C(2008) 926 final at EUR 35 000;
4. Orders the European Commission, in addition to bearing its own costs at first instance and on appeal, to pay two thirds of the costs incurred by Coppens in both those sets of proceedings;
5. Orders Coppens to bear one third of its own costs at first instance and on appeal.
____________1 - OJ C 331, 12.11.2011.