Judgment of the Court (Third Chamber) of 3 May 2012 — Comap v Commission

(Case C-290/11 P)

‛Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the infringement — Concept of ‘continuity’’

1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility — Entry into force of the Treaty of Lisbon — New fact warranting the late introduction of a head of claim based on breach of the right to a fair hearing — Excluded (Art. 6(2) TEU; Charter of Fundamental Rights of the European Union, Art. 47; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Art. 42(2) and 113(2)) (see paras 42, 44, 45)

2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — 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 70, 71)

3. Competition — Agreements, decisions and concerted practices — An undertaking’s participation in anti-competitive initiatives — Tacit approval without any public distancing of itself by the undertaking enough for it to incur liability (Art. 101(1) TFEU) (see paras 74, 75)

Re:

Appeal lodged against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-377/06 Comap v Commission, by which that court dismissed the action for annulment in part of Commission Decision C(2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F 1/38.121 — FITTINGS) — Copper and copper alloy fittings sector — Breach of the right to an independent and impartial tribunal — Breach of the principle of strict interpretation of criminal law — Notion of ‘public distancing’ — Distortion of evidence — Failure to state reasons.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Comap to pay the costs.

Judgment of the Court (Third Chamber) of 3 May 2012 — Comap v Commission

(Case C-290/11 P)

‛Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the infringement — Concept of ‘continuity’’

1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility — Entry into force of the Treaty of Lisbon — New fact warranting the late introduction of a head of claim based on breach of the right to a fair hearing — Excluded (Art. 6(2) TEU; Charter of Fundamental Rights of the European Union, Art. 47; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court of Justice, Art. 42(2) and 113(2)) (see paras 42, 44, 45)

2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — 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 70, 71)

3. Competition — Agreements, decisions and concerted practices — An undertaking’s participation in anti-competitive initiatives — Tacit approval without any public distancing of itself by the undertaking enough for it to incur liability (Art. 101(1) TFEU) (see paras 74, 75)

Re:

Appeal lodged against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-377/06 Comap v Commission, by which that court dismissed the action for annulment in part of Commission Decision C(2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F 1/38.121 — FITTINGS) — Copper and copper alloy fittings sector — Breach of the right to an independent and impartial tribunal — Breach of the principle of strict interpretation of criminal law — Notion of ‘public distancing’ — Distortion of evidence — Failure to state reasons.

Operative part

The Court:

1. Dismisses the appeal;