CELEX: 62005TJ0011
Competition
Agreements, decisions and concerted practices
Copper plumbing tube industry
Decision finding an infringement of Article 81 EC
Continuous and multiform infringement
Ne bis in idem principle
Fines
Actual impact on the market
Size of the relevant market
Duration of the infringement
Attenuating circumstances

APPLICATION, first, for annulment of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant
to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 – Copper plumbing tubes); second, in the alternative,
for reduction of the fines imposed on the applicants by that decision; and third, by way of counterclaim by the Commission,
for those fines to be increased.
Operative part
The Court:
1.         Dismisses the action;
2.         Dismisses the European Commission’s counterclaim;
3.         Orders Wieland-Werke AG, Buntmetall Amstetten GmbH and Austria Buntmetall AG to bear their own costs and to pay 90% of the
costs incurred by the Commission;
4.         Orders the Commission to bear 10% of its own costs;
5.         Orders the Council of the European Union to bear its own costs.