Judgment of the Court (Tenth Chamber) of 24 October 2013 — Kone and Others v Commission

(Case C‑510/11 P)

‛Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Notice on immunity from fines and reduction of fines in cartel cases — Effective judicial remedy’

1. EU law — Principles — Right to effective judicial protection — Entrenchment by the Charter of Fundamental Rights of the European Union — Judicial review of competition decisions adopted by the Commission — Review of legality and unlimited jurisdiction as regards both the law and the facts — No infringement (Arts 261 TFEU and 263 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Regulation No 1/2003, Art. 31) (see paras 20-23, 25, 32)

2. Competition — Fines — Amount — Determination — Complex evaluation of economic matters — Commission’s margin of discretion — Judicial review — Review of legality — Scope (Art. 263 TFEU; Council Regulation No 1/2003, Art. 23(2); Commission Decision 2002/C 45/03, para. 8(b)) (see paras 24, 26-31, 42-44, 53-56, 93)

3. Appeals — Grounds — Mistaken assessment of the facts — 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 60, 65, 82, 83, 99)

4. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility — Challenge to the interpretation or application of EU law by the General Court — Admissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 61, 62)

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, first para.) (see paras 71, 72)

6. EU law — Principles — Protection of legitimate expectations — Limits (see paras 76-78)

7. Competition — Fines — Amount — Determination — Reduction of the fine in return for the cooperation of the undertaking concerned — Conditions — Significant added value of the evidence provided by the undertaking concerned — Criteria for assessment (Art. 81 EC; Council Regulation No 1/2003, Art. 23(2); Commission Decision 2002/C 45/03, paras 20-23) (see paras 84-86, 90, 91)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 July 2011 in Case T‑151/07 Kone and Others v Commission, by which the General Court dismissed an action for annulment or reduction of the fine imposed on the applicants by Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E 1/38.823 — Elevators and Escalators), concerning a cartel in the market for the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg and the Netherlands, concerning bid-rigging, market-sharing, price-fixing, the awarding of projects and contracts related thereto and exchange of information.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Kone Oyj, Kone GmbH and Kone BV to bear their own costs and, in addition, to pay the costs incurred by the European Commission.

Judgment of the Court (Tenth Chamber) of 24 October 2013 — Kone and Others v Commission

(Case C‑510/11 P)

‛Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Notice on immunity from fines and reduction of fines in cartel cases — Effective judicial remedy’

1. EU law — Principles — Right to effective judicial protection — Entrenchment by the Charter of Fundamental Rights of the European Union — Judicial review of competition decisions adopted by the Commission — Review of legality and unlimited jurisdiction as regards both the law and the facts — No infringement (Arts 261 TFEU and 263 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Regulation No 1/2003, Art. 31) (see paras 20-23, 25, 32)

2. Competition — Fines — Amount — Determination — Complex evaluation of economic matters — Commission’s margin of discretion — Judicial review — Review of legality — Scope (Art. 263 TFEU; Council Regulation No 1/2003, Art. 23(2); Commission Decision 2002/C 45/03, para. 8(b)) (see paras 24, 26-31, 42-44, 53-56, 93)

3. Appeals — Grounds — Mistaken assessment of the facts — 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 60, 65, 82, 83, 99)

4. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility — Challenge to the interpretation or application of EU law by the General Court — Admissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 61, 62)

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, first para.) (see paras 71, 72)

6. EU law — Principles — Protection of legitimate expectations — Limits (see paras 76-78)

7. Competition — Fines — Amount — Determination — Reduction of the fine in return for the cooperation of the undertaking concerned — Conditions — Significant added value of the evidence provided by the undertaking concerned — Criteria for assessment (Art. 81 EC; Council Regulation No 1/2003, Art. 23(2); Commission Decision 2002/C 45/03, paras 20-23) (see paras 84-86, 90, 91)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 July 2011 in Case T‑151/07 Kone and Others v Commission, by which the General Court dismissed an action for annulment or reduction of the fine imposed on the applicants by Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E 1/38.823 — Elevators and Escalators), concerning a cartel in the market for the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg and the Netherlands, concerning bid-rigging, market-sharing, price-fixing, the awarding of projects and contracts related thereto and exchange of information.

Operative part

The Court:

1. Dismisses the appeal;