Judgment of the General Court of 16 September 2013 – Dornbracht v Commission
(Case T-386/10) 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 – Plea of illegality – Gravity of the infringement – Mitigating circumstances – Equal treatment – Proportionality – Non-retroactivity)
Language of the case: German
Parties
Applicant: Aloys F. Dornbracht GmbH & Co. KG (Iserlohn, Germany) (represented: initially by H. Janssen, T. Kapp and M. Franz, and subsequently by H. Janssen and T. Kapp, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, acting as Agents, assisted by A. Böhlke, lawyer)
Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, acting as 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, in the alternative, for reduction of the fine imposed on the applicant in that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Aloys F. Dornbracht GmbH & Co. KG to bear its own costs and pay those of the European Commission;
Orders the Council of the European Union to bear its own costs.
________________________1 OJ C 301, 6.11.2010.