Judgment — ECLI:EU:T:2013:475
Date: 2013-09-16
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Action for annulment - decision unnecessary;Appeal against penalty - unfounded
Origin: Austria;Belgium;Germany;Italy;Netherlands

summary of the pleas in law on which the application is based — Analogous requirements with regard to grounds in support of a plea — Grounds not set out in the application — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 164) 14. Agreements, decisions and concerted practices — Prohibition — Infringements — Agreements and concerted practices constituting a single infringement — Attribution of liability for an undertaking by reason of participation in the infringement considered as a whole — Conditions (Art. 101(1) TFEU) (see paras 165-167) 15. Competition — Fines — Amount — Determination — Criteria — Mitigating circumstances — Participation allegedly under pressure — Economic dependence — Matter not providing a justification for an undertaking which did not make use of the possibility of lodging a complaint with the competent authorities (Art. 101(1) TFEU; Commission Notice 2006/C 210/02, point 29) (see paras 174, 175, 199, 200) 16. Competition — Fines — Amount — Determination — Criteria — Mitigating circumstances — Termination of the infringement after the Commission’s intervention — Not included — Adoption by the undertaking, after cessation of the infringement, of measures to prevent repetition — Not imperative to take into account (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, point 29) (see paras 193, 194, 196) 17. Judicial proceedings — Costs — Set-off — Exceptional circumstances (Rules of Procedure of the General Court, Art. 87(3), first para.) (see paras 213, 214, 223, 224) Re: APPLICATION for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 — Bathroom Fittings and Fixtures), and, in the alternative, for reduction of the fine imposed on the applicants in that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Hansa Metallwerke AG, Hansa Nederland BV, Hansa Italiana Srl, Hansa Belgium and Hansa Austria GmbH to bear their own costs and to pay those of the European Commission; 3. Orders the Council of the European Union to bear its own costs.