# C_2013325EN.01002701.xml

| 9.11.2013 | EN | Official Journal of the European Union | C 325/27 |
| --- | --- | --- | --- |

9.11.2013

EN

Official Journal of the European Union

C 325/27

---

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

(Case T-380/10) (1)

1

(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 - Distortion of competition - Proof - Calculation of the fine - Cooperation during the administrative procedure - 2002 Leniency Notice - Immunity from fines - Reduction of the fine - Significant added value - 2006 Guidelines on the method of setting fines - Principle of non-retroactivity)

2013/C 325/45

Language of the case: English

Parties

Parties

Applicants: Wabco Europe (Brussels, Belgium); Wabco Austria GesmbH (Vienna, Austria); Trane Inc. (Piscataway, New Jersey, United States); Ideal Standard Italia Srl (Milan, Italy); Ideal Standard GmbH (Bonn, Germany) (represented by: S. Völcker, F. Louis, A. Israel, N. Niejahr, lawyers, C. O’Daly, E. Batchelor, Solicitors, and F. Carlin, Barrister)

Applicants:

Defendant: European Commission (represented by: F. Castillo de la Torre, F. Ronkes Agerbeek and G. Koleva, acting as Agents)

Defendant:

Re:

Re:

Application for annulment 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 it concerns the applicants, and for reduction of the fines imposed on them.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls points (3) and (4) 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 makes a finding of infringement against Trane Inc., Wabco Europe and Ideal Standard Italia Srl in respect of a cartel on the Italian market for ceramics for a period other than the period from 12 May 2000 to 9 March 2001; |
| --- | --- |

1.

Annuls points (3) and (4) 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 makes a finding of infringement against Trane Inc., Wabco Europe and Ideal Standard Italia Srl in respect of a cartel on the Italian market for ceramics for a period other than the period from 12 May 2000 to 9 March 2001;

| 2. | Sets the amount of the fine imposed on Trane in Article 2(3)(a) of Decision C(2010) 4185 final at EUR 92 664 493; |
| --- | --- |

2.

Sets the amount of the fine imposed on Trane in Article 2(3)(a) of Decision C(2010) 4185 final at EUR 92 664 493;

| 3. | Sets the amount of the fine imposed jointly and severally on Wabco Europe and Trane in Article 2(3)(b) of Decision C(2010) 4185 at EUR 15 820 767; |
| --- | --- |

3.

Sets the amount of the fine imposed jointly and severally on Wabco Europe and Trane in Article 2(3)(b) of Decision C(2010) 4185 at EUR 15 820 767;

| 4. | Sets the amount of the fine imposed jointly and severally on Ideal Standard Italia, Wabco Europe and Trane in Article 2(3)(e) of Decision C(2010) 4185 at EUR 4 520 220; |
| --- | --- |

4.

Sets the amount of the fine imposed jointly and severally on Ideal Standard Italia, Wabco Europe and Trane in Article 2(3)(e) of Decision C(2010) 4185 at EUR 4 520 220;

| 5. | Dismisses the action as to the remainder; |
| --- | --- |

5.

Dismisses the action as to the remainder;

| 6. | Orders the Commission to pay half of the costs incurred by Wabco Europe, Wabco Austria GesmbH, Trane, Ideal Standard Italia and Ideal Standard GmbH and to bear its own costs; |
| --- | --- |

6.

Orders the Commission to pay half of the costs incurred by Wabco Europe, Wabco Austria GesmbH, Trane, Ideal Standard Italia and Ideal Standard GmbH and to bear its own costs;

| 7. | Orders Wabco Europe, Wabco Austria, Trane, Ideal Standard Italia and Ideal Standard to bear half of their own costs. |
| --- | --- |

7.

Orders Wabco Europe, Wabco Austria, Trane, Ideal Standard Italia and Ideal Standard to bear half of their own costs.

---

(1)  OJ C 288, 23.10.2010.

1

---