EN Official Journal of the European Union C 175/2

Judgment of the Court (Fourth Chamber) of 10 April 2014 — European Commission v Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA

(Joined Cases C-231/11 P to C-233/11 P) (1)

((Appeals - Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Joint and several liability for payment of the fine - Concept of an ‘undertaking’ - Principle of personal liability and the principle that the penalty must be specific to the offender and the offence - Unlimited jurisdiction of the General Court - The ultra petita rule - Principles of proportionality and equal treatment))

2014/C 175/02

Language of the case: German

Parties

Appellants: European Commission (represented by: A. Antoniadis, R. Sauer and N. von Lingen, acting as Agents) (C-231/11 P), Siemens Transmission & Distribution Ltd (C-232/11 P), Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (C-233/11 P) (represented by: H. Wollmann and F. Urlesberger, Rechtsanwälte)

Other parties to the proceedings: Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (represented by: H. Wollmann and F. Urlesberger, Rechtsanwälte), European Commission (represented by: A. Antoniadis, R. Sauer and N. von Lingen, acting as Agents)

Re:

Appeals brought against the judgment of the General Court (Second Chamber) of 3 March 2011 in Joined Cases T 122/07 to T 124/07 Siemens Österreich and Others v Commission, being an application, primarily, for the partial annulment 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) and, in the alternative, for a reduction of the fine imposed on the appellants

Operative part of the judgment

The Court:

1) Sets aside paragraph 2 of the operative part of the judgment of the General Court of the European Union of 3 March 2011 in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission, in so far as it annuls Article 2(j) and (k) 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);

2) Sets aside the first indent of paragraph 3 of the operative part of the judgment in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission;

3) Sets aside the second to fourth indents of paragraph 3 of the operative part of the judgment in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission, in so far as they fix by implication the share of the fines for the payment of which the applicants at first instance were held jointly and severally liable;

4) Dismisses the appeals as to the remainder;

5) Orders Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA and Nuova Magrini Galileo SpA to pay the costs relating to the appeal in Case C-231/11 P;

6) Orders Siemens Transmission & Distribution Ltd to pay the costs relating to the appeal in Case C-232/11 P;

7) Orders the European Commission to pay the costs relating to the appeal in Case C-233/11 P;

8) The costs relating to the proceedings at first instance remain allocated in accordance with paragraphs 5 to 7 of the operative part of the judgment of 3 March 2011 in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission.

(1) OJ C 204, 9.7.2011.