Judgment of the General Court of 16 September 2013 – Duravit and Others v Commission
(Case T-364/10) 1
(Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Single and continuous infringement – Burden of proof – Fines – Equal treatment – Proportionality – Principle that penalties must have a proper legal basis)
Language of the case: German
Parties
Applicants: Duravit AG (Hornberg, Germany); Duravit SA (Bischwiller, France); and Duravit BeLux SPRL/BVBA (Overijse, Belgium) (represented by: R. Bechtold, U. Soltész and C. von Köckritz, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, Agents, assisted by P. Thyri, lawyer)
Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, Agents)
Re:
Application for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 – Bathroom Fittings and Fixtures) and for reduction of the fine imposed on the applicants in that decision.
Operative part of the judgment
The Court:
Annuls point (8) of Article 1(1) of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 – Bathroom Fittings and Fixtures) in so far as the European Commission finds that Duravit AG, Duravit BeLux SPRL/BVBA and Duravit SA participated in an infringement in Italy, Austria and the Netherlands;
Dismisses the action as to the remainder;
Orders Duravit AG, Duravit BeLux and Duravit SA to bear three quarters of their own costs;
Orders the Commission to pay one quarter of the costs incurred by Duravit AG, Duravit BeLux and Duravit SA and to bear its own costs;
Orders the Council of the European Union to bear its own costs.
________________________1 OJ C 288, 23.10.2010.