# C_2013189EN.01001601.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/16 |
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29.6.2013

EN

Official Journal of the European Union

C 189/16

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Judgment of the General Court of 17 May 2013 — Parker ITR and Parker-Hannifin v Commission

(Case T-146/09) (1)

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(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Attributability of unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Legal certainty - Ceiling of 10 % - Mitigating circumstances - Cooperation)

2013/C 189/29

Language of the case: English

Parties

Parties

Applicants: Parker ITR Srl (Veniano, Italy) and Parker-Hannifin Corp. (Mayfield Heights, Ohio, United States) (represented by: B. Amory, F. Marchini Càmia, and F. Amato, lawyers)

Applicants:

Defendant: European Commission (represented: initially by N. Khan, V. Bottka and S. Noë, and subsequently by V. Bottka, S. Noë and R. Sauer, acting as Agents)

Defendant:

Re:

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 1(i) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as in that decision the European Commission found that Parker ITR Srl had participated in the infringement in respect of the period before 1 January 2002; |
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1.

Annuls Article 1(i) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as in that decision the European Commission found that Parker ITR Srl had participated in the infringement in respect of the period before 1 January 2002;

| 2. | Annuls Article 2(e) of Decision C(2009) 428 final; |
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2.

Annuls Article 2(e) of Decision C(2009) 428 final;

| 3. | Sets the amount of the fine imposed on Parker ITR at EUR 6 400 000, of which Parker-Hannifin Corp. is jointly and severally liable for EUR 6 300 000; |
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3.

Sets the amount of the fine imposed on Parker ITR at EUR 6 400 000, of which Parker-Hannifin Corp. is jointly and severally liable for EUR 6 300 000;

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

Dismisses the action as to the remainder;

| 5. | Orders the Commission to bear its own costs and to pay those incurred by Parker ITR and Parker-Hannifin. |
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5.

Orders the Commission to bear its own costs and to pay those incurred by Parker ITR and Parker-Hannifin.

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(1)  OJ C 141, 20.6.2009.

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