Judgment of the General Court of 24 March 2011 - Kaimer and Others v Commission
(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Rights of the defence - Participation in the infringement - Duration of the infringement - Fines - Attenuating circumstances - Proportionality - Equal treatment)
Language of the case: German
Parties
Applicants: Kaimer GmbH & Co. Holding KG (Essen, Germany); Sanha Kaimer GmbH & Co. KG (Essen); and Sanha Italia Srl (Milan, Italy) (represented by: J. Brück, lawyer)
Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by A. Böhlke, lawyer)
Re:
Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 - Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicants in that decision.
Operative part of the judgment
The Court:
Annuls Article 1 of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 - Fittings) in so far as it relates to the period from 30 July 1996 to 31 July 1997 as regards the participation of Kaimer GmbH & Co. Holding KG and Sanha Kaimer GmbH & Co. KG and the period from 1 January 1998 to 14 July 1999 as regards the participation of Sanha Italia Srl;
Sets the amount of the fine imposed on Kaimer at EUR 7.15 million, in respect of which it is jointly and severally liable with Sanha Kaimer as to EUR 7.15 million and with Sanha Italia as to EUR 6.325 million;
Dismisses the action as to the remainder;
Orders Kaimer, Sanha Kaimer and Sanha Italia to bear their own costs and to pay 50% of the costs of the European Commission;
Orders the Commission to bear 50% of its own costs.
____________1 - OJ C 42, 24.2.2007.