Judgment — ECLI:EU:T:2007:267
Date: 2007-09-12
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Concepts: Statement of reasons;Determining the amount of the fine;Legal certainty;Effect on trade between Member States;Decision of the Commission;Definition of undertaking;Principle of the protection of legitimate expectations
Procedure: Action for annulment - unfounded;Action for annulment - successful;Appeal against penalty - successful
Origin: Germany

Judgment of the Court of First Instance of 12 September 2007 - Prym and Prym Consumer v Commission (Case T-30/05) 1 (Competition - Cartels - European haberdashery market (needles) - Product market sharing - Geographic market sharing - Fine - Guidelines on the method of setting fines - Duty to state reasons - Gravity and duration of the infringement - Leniency notice) Language of the case: German Parties Applicants: William Prym GmbH & Co. KG (Stolberg, Germany) and Prym Consumer GmbH & Co. KG (Stolberg) (represented by: H. Meyer-Lindemann, lawyer) Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre and K. Mojzesowicz, acting as Agents) Re: Application, principally, for annulment of Commission Decision C (2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F-1/38.338 - PO/Needles) in so far as it relates to the applicants, and, in the alternative, for annulment or reduction of the fine imposed on the applicants. Operative part of the judgment The Court: Sets the amount of the fine imposed on William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG under Article 2 of Commission Decision C (2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F-1/38.338 - PO/Needles) at EUR 27 million; Dismisses the remainder of the application; Orders William Prym and Prym Consumer to bear 90% of their own costs and to pay 90% of the costs incurred by the Commission, and the Commission to bear 10% of its own costs and to pay 10% of the costs incurred by William Prym and Prym Consumer. ____________ 1 - OJ C 106 of 30.4.2005.