# C_2015302EN.01003702.xml

| 14.9.2015 | EN | Official Journal of the European Union | C 302/37 |
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14.9.2015

EN

Official Journal of the European Union

C 302/37

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Judgment of the General Court of 15 July 2015 — voestalpine and voestalpine Wire Rod Austria v Commission

(Case T-418/10) (1)

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((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Single, complex and continuous infringement - Agency contract - Imputability of the unlawful conduct of the agent to the principal - Lack of knowledge of the agent’s unlawful conduct by the principal - Participation in an aspect of the infringement and awareness of the overall plan - 2006 Guidelines on the method of setting fines - Proportionality - Principle that penalties must fit the offence - Unlimited jurisdiction))

(2015/C 302/47)

Language of the case: German

Parties

Parties

Applicants: voestalpine AG (Linz, Austria); and voestalpine Wire Rod Austria GmbH, formerly voestalpine Austria Draht GmbH (Sankt Peter-Freienstein, Austria) (represented by: A. Ablasser-Neuhuber, G. Fussenegger, U. Denzel and M. Mayer, lawyers)

Applicants:

Defendant: European Commission (represented by: R. Sauer, V. Bottka, C. Hödlmayr, Agents, and R. Van der Hout, lawyer)

Defendant:

Re:

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 2(5) of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011; |
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1.

Annuls Article 2(5) of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011;

| 2. | Reduces the fine imposed jointly and severally on voestalpine AG and voestalpine Wire Rod Austria GmbH from EUR 22 million to EUR 7,5 million; |
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2.

Reduces the fine imposed jointly and severally on voestalpine AG and voestalpine Wire Rod Austria GmbH from EUR 22 million to EUR 7,5 million;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Orders the European Commission to bear its own costs and to pay two thirds of the costs of voestalpine and voestalpine Wire Rod Austria; |
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4.

Orders the European Commission to bear its own costs and to pay two thirds of the costs of voestalpine and voestalpine Wire Rod Austria;

| 5. | Orders Voestalpine and voestalpine Wire Rod Austria to bear one third of their own costs. |
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5.

Orders Voestalpine and voestalpine Wire Rod Austria to bear one third of their own costs.

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(1)  OJ C 301, 6.11.2010.

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