Judgment of the Court (Tenth Chamber) of 14 March 2013 — Viega v Commission

(Case C-276/11 P)

‛Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — End-feed fittings and press fittings — Taking and assessment of the evidence — Right to be heard before a court — Obligation to state reasons — Principle of proportionality’

1. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 28-30)

2. European Union law — Principles — Rights of defence — Right to a judicial hearing — Obligation to incorporate in the decision all the submissions of the parties — No such obligation (see paras 34-36)

3. Appeals — Grounds — Review by the Court of the General Court’s refusal to order measures of inquiry — Scope (Art. 256 TFEU; Rules of Procedure of the General Court, Art. 66(1) (see paras 39, 40)

4. Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 44, 45)

5. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58; Rules of Procedure of the General Court, Art. 170(1)) (see paras 58, 59)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-375/06 Viega v Commission, by which the General Court dismissed the applicant’s action seeking the annulment of Commission Decision C (2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement concerning a cartel in the copper and copper alloy fittings sector or, in the alternative, the reduction of the fine imposed on the applicant — Infringement of the right to be heard before a court, of the principle of proportionality and of the obligation to state reasons — Infringement of the principles of the investigation procedure — Infringement of Article 81(1) EC and Article 23(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Viega GmbH & Co. KG to pay the costs.

Judgment of the Court (Tenth Chamber) of 14 March 2013 — Viega v Commission

(Case C-276/11 P)

‛Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — End-feed fittings and press fittings — Taking and assessment of the evidence — Right to be heard before a court — Obligation to state reasons — Principle of proportionality’

1. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 28-30)

2. European Union law — Principles — Rights of defence — Right to a judicial hearing — Obligation to incorporate in the decision all the submissions of the parties — No such obligation (see paras 34-36)

3. Appeals — Grounds — Review by the Court of the General Court’s refusal to order measures of inquiry — Scope (Art. 256 TFEU; Rules of Procedure of the General Court, Art. 66(1) (see paras 39, 40)

4. Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 44, 45)

5. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58; Rules of Procedure of the General Court, Art. 170(1)) (see paras 58, 59)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-375/06 Viega v Commission, by which the General Court dismissed the applicant’s action seeking the annulment of Commission Decision C (2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement concerning a cartel in the copper and copper alloy fittings sector or, in the alternative, the reduction of the fine imposed on the applicant — Infringement of the right to be heard before a court, of the principle of proportionality and of the obligation to state reasons — Infringement of the principles of the investigation procedure — Infringement of Article 81(1) EC and Article 23(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

Operative part

The Court:

1. Dismisses the appeal;