ORDER OF THE GENERAL COURT (Seventh Chamber)
16 October 2013(*)
(Rectification of a judgment)
In Case T‑380/10 REC,
Wabco Europe, established in Brussels (Belgium),
Wabco Austria GesmbH, established in Vienna (Austria),
Trane Inc., established in Piscataway, New Jersey (United States),
Ideal Standard Italia Srl, established in Milan (Italy),
Ideal Standard GmbH, established in Bonn (Germany),
represented by S. Völcker, F. Louis, A. Israel, N. Niejahr, lawyers, C. O’Daly, E. Batchelor, Solicitors, and F. Carlin, Barrister,
applicants,
v
European Commission, represented by F. Castillo de la Torre, F. Ronkes Agerbeek and G. Koleva, acting as Agents,
defendant,
APPLICATION for annulment 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 it concerns the applicants, and for reduction of the fines imposed on them,
THE GENERAL COURT (Seventh Chamber),
composed of M. van der Woude, President, I. Pelikánová and K. Jürimäe (Rapporteur), Judges,
Registrar: M. E. Coulon,
makes the following
Order
1 On 16 September 2013 the Court gave judgment in Case T‑380/10.
2 By letter lodged at the Court Registry on 27 September 2013, the applicants requested that a calculation error found in the judgment be corrected in application of Article 84 of the Rules of Procedure of the General Court.
3 Pursuant to Article 84(2) of the Rules of Procedure, the European Commission has been given an opportunity to lodge its written observations and did not object to the correction.
4 In accordance with Article 84(1) of the Rules of Procedure, it is necessary to rectify the calculation mistake found at paragraphs 192 and 193 of the judgment as well as in its operative part.
On those grounds,
THE GENERAL COURT (Seventh Chamber)
hereby orders:
1) The last sentence in paragraph 192 of the judgment should read as follows:
‘Since the Commission granted a 30% reduction in the fine under the 2002 Leniency Notice, the total amount of the fine for the infringement committed by the applicants is thus EUR 120 268 400, and not EUR 326 091 196 as stated in Table H in the contested decision.’ instead of ‘Since the Commission granted a 30% reduction in the fine under the 2002 Leniency Notice, the total amount of the fine for the infringement committed by the applicants is thus EUR 122 711 400, and not EUR 326 091 196 as stated in Table H in the contested decision.’
2) Paragraph 193 of the judgment should read as follows:
‘The Court considers it appropriate, in the exercise of its unlimited jurisdiction, to apportion the total amount of the fine thus recalculated (EUR 120 268 400) between the applicants on the basis of the following two rules. First, the fines set by the Commission in points (c), (d) and (f) to (i) of Article 2(3) of the contested decision are not to be altered, since the applicants have not established that the fines imposed on the companies referred to in those points are unlawful or inappropriate. For that reason the amount to be apportioned between Trane, Wabco Europe and Ideal Standard Italia is EUR 110 562 480 (that is to say, 120 268 400 – 1 519 000 – 5 575 920 – 2 611 000). Second, it does not appear either from the applicants’ arguments or from the documents before the Court that the apportionment keys used by the Commission in the contested decision for imposing fines individually or jointly and severally on Trane, Wabco Europe and Ideal Standard Italia are inappropriate. The Court thus concludes that fines should be imposed as follows: (i) on Trane, a fine of EUR 90 661 230 (instead of EUR 259 066 294 as referred to in Article 2(3)(a) of the contested decision), (ii) jointly and severally on Wabco Europe and Trane, a fine of EUR 15 478 750 (instead of EUR 44 995 552 as referred to in Article 2(3)(b) of the contested decision) and (iii) jointly and severally on Ideal Standard Italia, Wabco Europe and Trane, a fine of EUR 4 422 500 (instead of EUR 12 323 430 as referred to in Article 2(3)(e) of the contested decision).’ instead of ‘The Court considers it appropriate, in the exercise of its unlimited jurisdiction, to apportion the total amount of the fine thus recalculated (EUR 122 711 400) between the applicants on the basis of the following two rules. First, the fines set by the Commission in points (c), (d) and (f) to (i) of Article 2(3) of the contested decision are not to be altered, since the applicants have not established that the fines imposed on the companies referred to in those points are unlawful or inappropriate. For that reason the amount to be apportioned between Trane, Wabco Europe and Ideal Standard Italia is EUR 113 005 480 (that is to say, 122 711 400 – 1 519 000 – 5 575 920 – 2 611 000). Second, it does not appear either from the applicants’ arguments or from the documents before the Court that the apportionment keys used by the Commission in the contested decision for imposing fines individually or jointly and severally on Trane, Wabco Europe and Ideal Standard Italia are inappropriate. The Court thus concludes that fines should be imposed as follows: (i) on Trane, a fine of EUR 92 664 493 (instead of EUR 259 066 294 as referred to in Article 2(3)(a) of the contested decision), (ii) jointly and severally on Wabco Europe and Trane, a fine of EUR 15 820 767 (instead of EUR 44 995 552 as referred to in Article 2(3)(b) of the contested decision) and (iii) jointly and severally on Ideal Standard Italia, Wabco Europe and Trane, a fine of EUR 4 520 220 (instead of EUR 12 323 430 as referred to in Article 2(3)(e) of the contested decision).’
3) Points 2, 3 and 4 of the operative part of the judgment should read as follows:
‘2. Sets the amount of the fine imposed on Trane in Article 2(3)(a) of Decision C(2010) 4185 final at EUR 90 661 230;
3. Sets the amount of the fine imposed jointly and severally on Wabco Europe and Trane in Article 2(3)(b) of Decision C(2010) 4185 at EUR 15 478 750;
4. Sets the amount of the fine imposed jointly and severally on Ideal Standard Italia, Wabco Europe and Trane in Article 2(3)(e) of Decision C(2010) 4185 at EUR 4 422 500;’ instead of:
‘2. Sets the amount of the fine imposed on Trane in Article 2(3)(a) of Decision C(2010) 4185 final at EUR 92 664 493;
3. Sets the amount of the fine imposed jointly and severally on Wabco Europe and Trane in Article 2(3)(b) of Decision C(2010) 4185 at EUR 15 820 767;
4. Sets the amount of the fine imposed jointly and severally on Ideal Standard Italia, Wabco Europe and Trane in Article 2(3)(e) of Decision C(2010) 4185 at EUR 4 520 220;’
Luxembourg, 16 October 2013.
E. Coulon | | M. van der Woude |