# C_2020036EN.01001102.xml

| 3.2.2020 | EN | Official Journal of the European Union | C 36/11 |
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3.2.2020

EN

Official Journal of the European Union

C 36/11

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Judgment of the Court (Seventh Chamber) of 28 November 2019 — ABB Ltd, ABB AB v European Commission

(Case C-593/18 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - European market for underground and submarine power cables - Market allocation in connection with projects - Burden of proof - Presumption of innocence - Principle of equal treatment)

(2020/C 36/14)

Language of the case: English

Parties

Appellants: ABB Ltd, ABB AB (represented by: I. Vandenborre, M. Frese, advocaten, and S. Dionnet, advocat)

Other party to the proceedings: European Commission (represented by: H. van Vliet, I. Zaloguin and I. Rogalski, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 12 July 2018, ABB v Commission (T-445/14, not published, EU:T:2018:449), in so far as the General Court dismissed ABB Ltd and ABB AB’s actions for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables), in so far as that decision finds those companies liable for an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 in respect of a collective refusal to supply accessories for underground power cables with voltages from 110 kV and below 220 kV, as well as point 2 of the operative part of that judgment; |
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1.

Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 12 July 2018, ABB v Commission (T-445/14, not published, EU:T:2018:449), in so far as the General Court dismissed ABB Ltd and ABB AB’s actions for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables), in so far as that decision finds those companies liable for an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 in respect of a collective refusal to supply accessories for underground power cables with voltages from 110 kV and below 220 kV, as well as point 2 of the operative part of that judgment;

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

Dismisses the appeal as to the remainder;

| 3. | Annuls Decision C(2014) 2139 final in so far as it finds ABB Ltd and ABB AB liable for an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 in respect of a collective refusal to supply accessories for underground power cables with voltages from 110 kV and below 220 kV; |
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3.

Annuls Decision C(2014) 2139 final in so far as it finds ABB Ltd and ABB AB liable for an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 in respect of a collective refusal to supply accessories for underground power cables with voltages from 110 kV and below 220 kV;

| 4. | Orders ABB Ltd, ABB AB and the European Commission to bear their own costs at first instance and on appeal. |
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4.

Orders ABB Ltd, ABB AB and the European Commission to bear their own costs at first instance and on appeal.

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(1)  OJ C 436, 3.12.2018.

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