Joined Cases C-247/11 P and C-253/11 P: Judgment of the Court (Fourth Chamber) of 10 April 2014  — Areva v Alstom SA, T&D Holding SA, formerly Areva T&D Holding SA, Alstom Grid SAS, formerly Areva T&D SA, Alstom Grid AG, formerly Areva T&D AG, European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Attributability of unlawful conduct of subsidiaries to their parent companies — Obligation to state reasons — Joint and several liability for payment of a fine — Concept of an ‘undertaking’  — ‘De facto’ joint and several liability — Principle of legal certainty and the principle that penalties must be specific to the offender and the offence — Principles of proportionality and equal treatment)
Date: 2014-04-10
Institutions: Court of Justice
Subjects: control of restrictive practices, equal treatment, fine, gas, liability, parent company, principle of legal certainty, principle of proportionality, rights of the defence, subsidiary








C_2014175EN.01000301.xml










10.6.2014   


EN


Official Journal of the European Union


C 175/3





Judgment of the Court (Fourth Chamber) of 10 April 2014 — Areva v Alstom SA, T&D Holding SA, formerly Areva T&D Holding SA, Alstom Grid SAS, formerly Areva T&D SA, Alstom Grid AG, formerly Areva T&D AG, European Commission
(Joined Cases C-247/11 P and C-253/11 P) (1)

((Appeals - Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Attributability of unlawful conduct of subsidiaries to their parent companies - Obligation to state reasons - Joint and several liability for payment of a fine - Concept of an ‘undertaking’ - ‘De facto’ joint and several liability - Principle of legal certainty and the principle that penalties must be specific to the offender and the offence - Principles of proportionality and equal treatment))
2014/C 175/03
Language of the case: French

Parties


Appellants: Areva (represented by: A. Schild, C. Simphal and E. Estellon, avocats) (C-247/11 P), Alstom SA, T&D Holding SA, Alstom Grid SAS, Alstom Grid AG (C-253/11 P) (represented by: J. Derenne, A. Müller-Rappard and M. Lagrue, avocats)

Other parties to the proceedings: Alstom SA, T&D Holding, formerly Areva T&D Holding SA, Alstom Grid SAS, formerly Areva T&D SA, Alstom Grid AG, formerly Areva T&D AG (represented by: J. Derenne, A. Müller-Rappard and M. Lagrue, avocats), European Commission (represented by: V. Bottka and N. von Lingen, acting as Agents), Areva (represented by: A. Schild, C. Simphal and E. Estellon, avocats)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 3 March 2011 in Joined Cases T-117/07 and T-121/07 Areva and Others v Commission, by which that court dismissed in part the application 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 (Case COMP/F/38.899) — Gas insulated switchgear — Infringement of the rights of the defence — Failure to fulfil the obligation to state reasons — Joint and several liability for payment of the fine — Attributability of the unlawful conduct

Operative part of the judgment

The Court:






1)


Annuls the second indent of paragraph 3 of the operative part of the judgment of the General Court of the European Union of 3 March 2011 in Joined Cases T-117/07 and T-121/07 Areva and Others v Commission;











2)


Annuls Article 2(c) 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);










3)


For the infringements established in Article 1(b) to (f) of Decision C(2006) 6762 final, imposes a fine of EUR 27 795 000 on Alstom SA, jointly and severally with Areva Grid SAS, and a fine of EUR 20 400 000 on Areva SA, T&D Holding SA and Alstom Grid AG, jointly and severally with Alstom Grid SAS;










4)


Dismisses the appeals as to the remainder;










5)


Orders the European Commission, in addition to bearing its own cost in relation to both the proceedings at first instance and the appeals, to pay one fifth of the costs incurred by Areva SA, Alstom SA, T&D Holding SA, Alstom Grid SAS and Alstom Grid AG relating to the proceedings at first instance and the appeals;










6)


Orders Areva SA, Alstom SA, T&D Holding SA, Alstom Grid SAS and Alstom Grid AG to bear four-fifths of their own costs relating to the proceedings at first instance and the appeals.






(1)  OJ C 211, 16.7.2011.