Joined Cases C-239/11 P, C-489/11 P and C-498/11 P: Judgment of the Court (Fourth Chamber) of 19 December 2013 — Siemens AG (C-239/11 P), Mitsubishi Electric Corp. (C-489/11 P), Toshiba Corp. (C-498/11 P) v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Market sharing — Regulation (EC) No 1/2003 — Proof of the infringement — Single and continuous infringement — Distortion of the evidence — Probative value of statements which run counter to the interests of the declarant — Fines — Starting amount — Reference year — Deterrent multiplier — Powers of unlimited jurisdiction — Equal treatment — Rights of the defence — Duty to state reasons)
Date: 2013-12-19
Institutions: Court of Justice
Subjects: cartel, equal treatment, fine, infringement of EU law, market-sharing agreement, restriction on competition, rights of the defence








C_2014052EN.01000501.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/5





Judgment of the Court (Fourth Chamber) of 19 December 2013 — Siemens AG (C-239/11 P), Mitsubishi Electric Corp. (C-489/11 P), Toshiba Corp. (C-498/11 P) v European Commission
(Joined Cases C-239/11 P, C-489/11 P and C-498/11 P) (1)

(Appeals - Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Market sharing - Regulation (EC) No 1/2003 - Proof of the infringement - Single and continuous infringement - Distortion of the evidence - Probative value of statements which run counter to the interests of the declarant - Fines - Starting amount - Reference year - Deterrent multiplier - Powers of unlimited jurisdiction - Equal treatment - Rights of the defence - Duty to state reasons)
2014/C 52/06
Language of the case: German

Parties


Appellants: Siemens AG (represented by: I. Brinker, C. Steinle and M. Hörster, Rechtsanwälte (C-239/11 P)), Mitsubishi Electric Corp. (represented by: R. Denton, Solicitor, and K. Haegeman, advocaat (C-489/11 P)), Toshiba Corp. (represented by: J. MacLennan, Solicitor, A. Dawes, Solicitor, A. Schulz, Rechtsanwalt, and S. Sakellariou, dikigoros (C 498/11 P))

Other party to the proceedings: European Commission (represented by: A. Antoniadis, R. Sauer, N. Khan and P. Van Nuffel, acting as Agents)

Intervener in support of the defendant: EFTA Surveillance Authority (represented by: M. Schneider and M. Moustakali, acting as Agents)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 3 March 2011 in Case T-110/07 Siemens v Commission, by which the General Court dismissed the appellant’s action for 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 concerning a cartel in the market in gas insulated switchgear projects or, in the alternative, for a reduction in the amount of the fine imposed on the appellant — Infringement of the right to a fair hearing, the rights of the defence, the principle of equal treatment and the duty to state reasons — Distortion of the evidence — Erroneous application of the rules on limitation of actions — Infringement of Article 47 of the Charter of Fundamental Rights of the European Union.

Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Orders Siemens AG, Mitsubishi Electric Corp. and Toshiba Corp. to pay the costs.






(1)  OJ C 232, 6.8.2011.

OJ C 347, 26.11.2011.