# C_2015016EN.01000201.xml

| 19.1.2015 | EN | Official Journal of the European Union | C 16/2 |
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19.1.2015

EN

Official Journal of the European Union

C 16/2

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Judgment of the Court (Third Chamber) of 12 November 2014 — Guardian Industries Corp., Guardian Europe Sàrl v European Commission

(Case C-580/12 P) (1)

(Appeal - Agreements, decisions and concerted practices - Market for flat glass in the European Economic Area (EEA) - Price-fixing - Calculation of the amount of the fine - Inclusion of an undertaking’s internal sales - Reasonable time - Admissibility of documents produced with a view to the General Court hearing)

(2015/C 016/02)

Language of the case: English

Parties

Appellants: Guardian Industries Corp., Guardian Europe Sàrl (represented by: H.-G. Kamann and S. Völcker, Rechtsanwälte, instructed by C. O’Daly, Solicitor)

Other party to the proceedings: European Commission (represented by: A. Dawes and R. Sauer, Agents)

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union in Guardian Industries and Guardian Europe v Commission (T-82/08, EU:T:2012:494), in so far as it rejected the plea in law alleging infringement of the principle of non-discrimination as regards the calculation of the amount of the fine imposed jointly and severally on Guardian Industries Corp. and Guardian Europe Sàrl and ordered them to pay the costs; |
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1.

Sets aside the judgment of the General Court of the European Union in Guardian Industries and Guardian Europe v Commission (T-82/08, EU:T:2012:494), in so far as it rejected the plea in law alleging infringement of the principle of non-discrimination as regards the calculation of the amount of the fine imposed jointly and severally on Guardian Industries Corp. and Guardian Europe Sàrl and ordered them to pay the costs;

| 2. | Annuls Article 2 of Commission Decision C(2007) 5791 final of 28 November 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39165 — Flat glass) in so far as it sets the amount of the fine imposed jointly and severally on Guardian Industries Corp. and Guardian Europe Sàrl at EUR 148 000 000; |
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2.

Annuls Article 2 of Commission Decision C(2007) 5791 final of 28 November 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39165 — Flat glass) in so far as it sets the amount of the fine imposed jointly and severally on Guardian Industries Corp. and Guardian Europe Sàrl at EUR 148 000 000;

| 3. | Sets the amount of the fine imposed jointly and severally on Guardian Industries Corp. and Guardian Europe Sàrl by reason of the infringement established in Article 1 of that decision at EUR 103 600 000; |
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3.

Sets the amount of the fine imposed jointly and severally on Guardian Industries Corp. and Guardian Europe Sàrl by reason of the infringement established in Article 1 of that decision at EUR 103 600 000;

| 4. | Dismisses the appeal as to the remainder; |
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4.

Dismisses the appeal as to the remainder;

| 5. | Orders the European Commission, in addition to bearing its own costs in respect of both the proceedings at first instance and the appeal, to pay one half of the costs incurred by Guardian Industries Corp. and Guardian Europe Sàrl relating to those two sets of proceedings; |
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5.

Orders the European Commission, in addition to bearing its own costs in respect of both the proceedings at first instance and the appeal, to pay one half of the costs incurred by Guardian Industries Corp. and Guardian Europe Sàrl relating to those two sets of proceedings;

| 6. | Orders Guardian Industries Corp. and Guardian Europe Sàrl to bear one half of their own costs relating to those proceedings. |
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6.

Orders Guardian Industries Corp. and Guardian Europe Sàrl to bear one half of their own costs relating to those proceedings.

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(1)  OJ C 55, 23.2.2013.

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