Judgment of the Court (Third Chamber) of 11 July 2013 – Team Relocations NV, Amertranseuro International Holdings Ltd, Trans Euro Ltd, Team Relocations Ltd v European Commission
(Case C-444/11 P) 1
(Appeals – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Direct and indirect price-fixing, market-sharing and manipulation of the procedures for the submission of tenders – Single and continuous infringement – Imputability – Guidelines on the method of setting fines (2006) – Value of sales – Concept – Proportion – Additional amount – Mitigating circumstances – Obligation to state reasons – Imputability to the parent company of the infringement – Regulation (EC) No 1/2003 – Article 23(2) – Ceiling of 10% of turnover – Proportionality)
Language of the case: English
Parties
Appellants: Team Relocations NV (represented by: H. Gilliams, J. Bocken and L. Gyselen, avocaten), Amertranseuro International Holdings Ltd, Trans Euro Ltd, Team Relocations Ltd
Other party to the proceedings: European Commission (represented by: A. Bouquet and N. von Lingen and by A. Antoniadis, acting as Agents)
Re:
APPEAL against the judgment of the General Court (Eighth Chamber) of 16 June 2011 in Joined Cases T-204/08 and T-212/08 Team Relocations NV and Others v Commission, by which the General Court dismissed an action seeking the partial annulment of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 (EC) and Article 53 of the EEA Agreement (Case COMP/38.543 – International Removal Services), concerning a cartel on the Belgium international removal services market involving direct and indirect price-fixing, market-sharing and manipulation of the procedures for the submission of tenders, and the annulment of the fine imposed on the applicant or, in the alternative, reduction of that fine.
Operative part of the judgment
The Court:
1. Dismisses the appeal;
2. Orders Team Relocations NV, Amertranseuro International Holdings Ltd, Trans Euro Ltd and Team Relocations Ltd jointly and severally to bear the costs.
____________1 OJ C 347, 26.11.2011.