CELEX: 62007TA0445
Language: en
Date: 2012-06-27 00:00:00
Title: Case T-445/07: Judgment of the General Court of 27 June 2012 — Berning & Söhne v Commission (Competition — Agreements and concerted practices — Markets in zip fasteners and ‘other fasteners’ and attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information — Proof — Rights of the defence — Single and continuing infringement — Time-bar — Fines — Duration and gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality)

11.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 243/12
            
         Judgment of the General Court of 27 June 2012 — Berning & Söhne v Commission
   (Case T-445/07) (1)
   
   (Competition - Agreements and concerted practices - Markets in zip fasteners and ‘other fasteners’ and attaching machines - Decision finding an infringement of Article 81 EC - Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information - Proof - Rights of the defence - Single and continuing infringement - Time-bar - Fines - Duration and gravity of the infringement - Mitigating circumstances - Equal treatment - Proportionality)
   2012/C 243/21
   Language of the case: German
   
      Parties
   
   
      Applicant: Berning & Söhne GmbH & Co. KG (Wuppertal, Germany) (represented by: P. Niggemann and K. Gaßner, lawyers)
   
      Defendant: European Commission (represented by: K. Mojzesowicz and R. Sauer, agents)
   
      Re:
   
   Application for annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 — PO/Hard Haberdashery: Fasteners) or, in the alternative, reduction of the amount of the fine imposed on the applicant by that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Berning & Söhne GmbH & Co. KG to pay the costs.
            
         
      (1)  OJ C 37, 9.2.2008.