Judgment of the Court (Second Chamber) of 8 December 2011 - KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA v European Commission

(Case C-272/09 P) 

(Appeal - Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy)

Language of the case: English

Parties

Appellants: KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA (represented by: M. Siragusa, avvocato, A. Winckler, avocat, G. Rizza, avvocato, T. Graf, advokat, M. Piergiovanni, avvocato)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and J. Bourke, acting as Agents, C. Thomas, Solicitor)

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 6 May 2009 in Case T-127/04 KME Germany and Others v Commission, in which the Court dismissed an action seeking reduction of the fine imposed on the applicants by Commission Decision 2004/421/EC of 16 December 2003, relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 - Industrial tubes) (OJ 2004 L 125, p. 50) - Price-fixing and market-sharing - Actual impact on the market - Guidelines for calculating the amount of fines

Operative part of the judgment

The Court:

1.    Dismisses the appeal;

2.    Orders KME Germany AG, KME France SAS and KME Italy SpA to pay the costs.

____________

¹ - OJ C 220, 12.9.2009.