EN Official Journal of the European Union C 113/11

Judgment of the General Court of 3 March 2011 — Siemens Österreich and Others v Commission

(Joined Cases T-122/07 to T-124/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Effects within the common market - Notion of continuous infringement - Duration of the infringement - Limitation period - Fines - Proportionality - Ceiling of 10 % of turnover - Joint and several liability for payment of a fine - Mitigating circumstances - Cooperation - Rights of the defence)

2011/C 113/21

Language of the case: German

Parties

Applicants: Siemens AG Österreich (Vienna, Austria) (Case T-122/07); VA Tech Transmission & Distribution GmbH & Co. KEG (Vienna) (Case T-122/07); Siemens Transmission & Distribution Ltd (Manchester, United Kingdom) (Case T-123/07); Siemens Transmission & Distribution SA (Grenoble, France) (Case T-124/07); and Nuova Magrini Galileo SpA (Bergamo, Italy) (Case T-124/07) (represented by: H. Wollmann and F. Urlesberger, lawyers)

Defendant: European Commission (represented by: F. Arbault and O. Weber, and subsequently by X. Lewis and A. Antoniadis, and finally by A. Antoniadis and R. Sauer, Agents,)

Re:

Partial annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding pursuant to Article 81 EC and Article 53 EEA (Case COMP/F/38.899 — Gas-isolated switchgear), and in the alternative, an application for a reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Annuls Article 1(m), (p), (q), (r) and (t) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear), in so far as the Commission found therein an infringement on the part of Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA and Nuova Magrini Galileo SpA, for the period from 1 April to 30 June 2002;

2. Annuls Article 2(j), (k) and (l) of Decision C(2006) 6762 final;

3. Imposes the following fines for the infringements found in Article 1(m), (p), (q), (r) and (t) of Decision C(2006) 6762 final: — Siemens Transmission & Distribution SA and Nuova Magrini Galileo, jointly and severally with Schneider Electric SA: EUR 8 100 000; — Siemens Transmission & Distribution Ltd, jointly and severally with Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution SA and Nuova Magrini Galileo: EUR 10 350 000; — Siemens Transmission & Distribution Ltd, jointly and severally liable with Siemens AG Österreich and VA Tech Transmission & Distribution GmbH & Co. KEG: EUR 2 250 000; — Siemens Transmission & Distribution Ltd: EUR 9 450 000;

4. Dismisses the remainder of the actions;

5. In Case T-122/07, orders the European Commission to pay one tenth of the costs incurred by Siemens AG Österreich and VA Tech Transmission & Distribution GmbH & Co. KEG and one tenth of its own costs, and orders Siemens AG Österreich and VA Tech Transmission & Distribution GmbH & Co. KEG to pay nine tenths of their own costs and nine tenths of the costs incurred by the Commission;

6. In Case T-123/07, orders the Commission to pay one tenth of the costs incurred by Siemens Transmission & Distribution Ltd and one tenth of its own costs, and orders Siemens Transmission & Distribution Ltd to pay nine tenths of their own costs and nine tenths of the costs incurred by the Commission;

7. In Case T-124/07, orders the Commission to pay one fifth of the costs incurred by Siemens Transmission & Distribution SA and Nuova Magrini Galileo and one fifth of its own costs, and orders Siemens Transmission & Distribution SA and Nuova Magrini Galileo to pay four fifths of their own costs and four fifths of the costs incurred by the Commission.

(1) OJ C 140, 23.6.2007.