Judgment — ECLI:EU:T:2013:477
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 - successful;Appeal against penalty - successful
Origin: Belgium;Germany;France

summary of the pleas in law on which the application is based — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 292-294) 13. Competition — Administrative procedure — Observance of the rights of the defence — Hearing of undertakings — Minuting and registration of the hearing — No infringement of the right to be heard (Charter of Fundamental Rights of the European Union, Art. 41(1); Council Regulation No 1/2003, Art. 27(1); Commission Regulation No 773/2004, Arts 12 and 14(8)) (see paras 344-350) 14. Competition — Fines — Amount — Determination — Criteria — Gravity of the infringement — Criteria for assessment — Nature and geographic extent of the infringement (Art. 101(1) TFEU; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 21 to 23) (see paras 370-373) 15. Competition — Fines — Amount — Determination — Maximum amount — Calculation — Distinction between the final amount and the intermediate amount of the fine — Consequences (Council Regulation No 1/2003, Art. 23(2) (see paras 379-384) Re: APPLICATION for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 — Bathroom Fittings and Fixtures) and for reduction of the fine imposed on the applicants in that decision. Operative part The Court: 1. Annuls point (8) of Article 1(1) of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 — Bathroom Fittings and Fixtures) in so far as the European Commission finds that Duravit AG, Duravit BeLux SPRL/BVBA and Duravit SA participated in an infringement in Italy, Austria and the Netherlands; 2. Dismisses the action as to the remainder; 3. Orders Duravit AG, Duravit BeLux and Duravit SA to bear three quarters of their own costs; 4. Orders the Commission to pay one quarter of the costs incurred by Duravit AG, Duravit BeLux and Duravit SA and to bear its own costs; 5. Orders the Council of the European Union to bear its own costs.