Order — ECLI:EU:C:2008:503
Date: 2008-09-11
Language of the case: English
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices
Concepts: Appeals;Determining the amount of the fine
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: United Kingdom

Order of the Court (First Chamber) of 11 September 2008 – Coats Holdings and Coats v Commission (Case C‑468/07 P) Appeals – Article 119 of the Rules of Procedure – Competition – Agreements, decisions and concerted practices – Fine – Claim seeking reduction of the fine set by the Court of First Instance 1. Appeals – Jurisdiction of the Court – Whether it may review, on grounds of fairness, the appraisal at first instance of the amount of a fine imposed on an undertaking – Excluded (Art. 81 EC; Statute of the Court of Justice, Art. 56; Council Regulation No 1/2003, Art. 23) (see paras 23-24) 2. Competition – Fines – Amount – Determination – Legal context – Guidelines on the method of setting fines for infringements of the competition rules – Included (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03) (see para. 28) Re: Appeal against the judgment delivered by the Second Chamber of the Court of First Instance on 12 September 2007 in Case T‑36/05 Coats Holdings and Coats v Commission by which that Court partly annulled 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) concerning market-sharing agreements in respect of haberdashery products and geographic market‑sharing agreements, and set the amount of the fine imposed on the applicants at EUR 20 million – Application for the fine to be reduced. Operative part The Court: 1. Dismisses the appeal; 2. Orders Coats Holdings Ltd and J & P Coats Ltd to pay the costs.