CELEX: 62007TA0122
Language: en
Date: 2011-03-03 00:00:00
Title: Joined Cases T-122/07 to T-124/07: Judgment of the General Court of 3 March 2011 — Siemens Österreich and Others v Commission (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)

9.4.2011   
            
            
               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.