# C_2013325EN.01002301.xml

| 9.11.2013 | EN | Official Journal of the European Union | C 325/23 |
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9.11.2013

EN

Official Journal of the European Union

C 325/23

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Judgment of the General Court of 16 September 2013 — Duravit and Others v Commission

(Case T-364/10) (1)

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(Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Single and continuous infringement - Burden of proof - Fines - Equal treatment - Proportionality - Principle that penalties must have a proper legal basis)

2013/C 325/38

Language of the case: German

Parties

Parties

Applicants: Duravit AG (Hornberg, Germany); Duravit SA (Bischwiller, France); and Duravit BeLux SPRL/BVBA (Overijse, Belgium) (represented by: R. Bechtold, U. Soltész and C. von Köckritz, lawyers)

Applicants:

Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, Agents, assisted by P. Thyri, lawyer)

Defendant:

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, Agents)

Intervener in support of the defendant:

Re:

Re:

Application for annulment in part 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/39.092 — Bathroom Fittings and Fixtures) and for reduction of the fine imposed on the applicants in that decision.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls point (8) of Article 1(1) 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/39.092 — Bathroom Fittings and Fixtures) in so far as the European Commission finds that Duravit AG, Duravit BeLux SPRL/BVBA and Duravit SA participated in an infringement in Italy, Austria and the Netherlands; |
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1.

Annuls point (8) of Article 1(1) 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/39.092 — Bathroom Fittings and Fixtures) in so far as the European Commission finds that Duravit AG, Duravit BeLux SPRL/BVBA and Duravit SA participated in an infringement in Italy, Austria and the Netherlands;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders Duravit AG, Duravit BeLux and Duravit SA to bear three quarters of their own costs; |
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3.

Orders Duravit AG, Duravit BeLux and Duravit SA to bear three quarters of their own costs;

| 4. | Orders the Commission to pay one quarter of the costs incurred by Duravit AG, Duravit BeLux and Duravit SA and to bear its own costs; |
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4.

Orders the Commission to pay one quarter of the costs incurred by Duravit AG, Duravit BeLux and Duravit SA and to bear its own costs;

| 5. | Orders the Council of the European Union to bear its own costs. |
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5.

Orders the Council of the European Union to bear its own costs.

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(1)  OJ C 288, 23.10.2010.

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