Judgment of the General Court of 16 September 2013 – Hansa Metallwerke and Others v Commission
(Case T-375/10) 1
(Competition – Agreements, decisions and concerted parties – Bathroom fittings and fixtures markets in 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 – Cooperation during the administration procedure – 2002 Leniency Notice – Reduction of the fine – 2006 Guidelines on the method of setting fines – Non-retroactivity)
Language of the case: German
Parties
Applicants: Hansa Metallwerke and Others (Stuttgart, Germany); (Hansa Nederland BV (Nijkerk, Netherlands); Hansa Italiana Srl (Castelnuovo del Garda, Italy); Hansa Belgium (Asse, Belgium); and Hansa Austria GmbH (Salzbourg, Austria) (represented by: H.-J. Hellmann and C. Mal, lawyers)
Defendant: European Commission (represented by: A. Antoniadis and R. Sauer, Agents)
Intervener before the Court on behalf 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 proceedings 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 applicants in that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Hansa Metallwerke AG, Hansa Nederland BV, Hansa Italiana Srl, Hansa Belgium and Hansa Austria GmbH to bear their own costs and to 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.