Judgment;Information — ECLI:EU:C:2019:1134
Date: 2019-12-19
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment;Appeal - unfounded

Judgment of the Court (Seventh Chamber) of 19 December 2019 — Furukawa Electric v Commission (Case C‑589/18 P) (1) (Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determination of the value of sales — Principle of equal treatment) 1. Appeal — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1), second paras. (d), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 34-36) 2. Competition — Fines — Amount — Determination — Determination of the basic amount — Determination of the value of sales — Sales carried out in direct or indirect relation to the infringement — Account taken of sales made at the worldwide level in order to reflect the relative importance of each undertaking in the infringement — Respect for the principle of equal treatment — Taking into account the differences and circumstances particular to the undertakings concerned at another stage in calculating the fine — Whether permissible (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02, points 13 and 18) (see paras 51-63) Operative part The Court: 1. Dismisses the appeal; 2. Declares that Furukawa Electric Co. Ltd is to bear its own costs and orders it to pay those incurred by the European Commission; 3. Declares that Viscas Corp. is to bear its own costs. 1 OJ C 427, 26.11.2018.