Judgment of the General Court of 14 July 2016 — Parker Hannifin Manufacturing and Parker-Hannifin v Commission
(Case T-146/09 RENV) 1
(Competition — Agreements, decisions and concerted practices — European market for marine hoses — Price-fixing agreements, market-sharing and the exchange of commercially sensitive information — Attributability of unlawful conduct — Principle of economic continuity — Principle of personal liability — Fines — Aggravating circumstances — Role of leader — Ceiling of 10% — Unlimited jurisdiction)
Language of the case: English
Parties
Applicants: Parker Hannifin Manufacturing Srl, formerly Parker ITR Srl, (Corsico, Italy) and Parker-Hannifin Corp. (Mayfield Heights, Ohio, United States) (represented by: B. Amory, F. Marchini Camia and É. Barbier de La Serre, lawyers)
Defendant: European Commission (represented by: V. Bottka, S. Noë and R. Sauer, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, application under Article 263 TFEU for annulment or a substantial reduction in the amount of the fine imposed on them in that decision
Operative part of the judgment
The Court:
Annuls subparagraph (e) of the first paragraph of Article 2 of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses) in so far as a 30% increase was applied to the amount of the fine to be paid jointly and severally by Parker-Hannifin Corp., on the basis of the aggravating circumstance of the role of leader played by ITR SpA from 11 June 1999 to 30 September 2001 and in so far as the European Commission did not calculate, as regards the part of the fine for which Parker ITR was held exclusively liable with regard to the period prior to 1 January 2002, the ceiling of 10% of turnover provided for by Article 23(2) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] solely on the basis of the turnover of Parker ITR Srl;
Sets the amount of the fine imposed on Parker Hannifin Manufacturing Srl, formerly Parker ITR, at EUR 19 945 728, for EUR 6 400 000 of which Parker-Hannifin is jointly and severally liable;
Dismisses the action as to the remainder;
Orders Parker Hannifin Manufacturing, Parker-Hannifin and the Commission to bear their own costs.
____________1 OJ C 141, 20.6.2009.