Judgment of the General Court of 12 July 2018 — Prysmian and Prysmian Cavi e Sistemi v Commission
(Case T-475/14) 1
(Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Illegal nature of the inspection decision — Reasonable time — Principle of sound administration — Principle of personal responsibility — Joint and several liability for payment of the fine — Sufficient proof of the infringement — Duration of the infringement — Fines — Proportionality — Equal treatment — Unlimited jurisdiction)
Language of the case: English
Parties
Applicants: Prysmian SpA (Milan, Italy) and Prysmian Cavi e Sistemi Srl (Milan) (represented by: C. Tesauro, F. Russo, L. Armati and C. Toniolo, lawyers)
Defendant: European Commission (represented initially by: C. Giolito, L. Malferrari, P. Rossi and H. van Vliet, and subsequently by C. Giolito, P. Rossi and H. van Vliet, acting as Agents, and by S. Kingston, Barrister)
Intervener in support of the applicants: The Goldman Sachs Group, Inc. (New York, New York, United States) (represented by: W. Deselaers, J. Koponen and A. Mangiaracina, lawyers)
Intervener in support of the defendant: Pirelli & C. SpA (Milan) (represented by: M. Siragusa, G. Rizza, P. Ferrari, F. Moretti and A. Fava, lawyers)
Re:
Application under Article 263 TFEU for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicants and, in the alternative, a reduction of the fine imposed on the applicants.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Prysmian SpA and Prysmian Cavi e Sistemi Srl to bear their own costs and to pay those of the European Commission;
Orders The Goldman Sachs Group, Inc. and Pirelli & C. SpA to bear their own costs.
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1 OJ C 315, 15.9.2014.