CELEX: 62011CA0287
Language: en
Date: 2013-07-04 00:00:00
Title: Case C-287/11 P: Judgment of the Court (Third Chamber) of 4 July 2013 — European Commission v Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG (Appeals — Agreements, decisions and concerted practices — European market — Copper and copper alloy fittings sector — Commission decision — Finding of an infringement of Article 101 TFEU — Fines — Single, complex and continuous infringement — Cessation of the infringement — Continuation of the infringement by certain participants — Repeated infringement)

24.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 245/2
            
         Judgment of the Court (Third Chamber) of 4 July 2013 — European Commission v Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG
   (Case C-287/11 P) (1)
   
   (Appeals - Agreements, decisions and concerted practices - European market - Copper and copper alloy fittings sector - Commission decision - Finding of an infringement of Article 101 TFEU - Fines - Single, complex and continuous infringement - Cessation of the infringement - Continuation of the infringement by certain participants - Repeated infringement)
   2013/C 245/02
   Language of the case: English
   
      Parties
   
   
      Appellant: European Commission (represented by: F. Castillo de la Torre, V. Bottka and R. Sauer, acting as Agents)
   
      Other parties to the proceedings: Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG (represented by: R. Wesseling, advocaat)
   
      Re:
   
   Appeal brought against the judgment delivered by the General Court (Eighth Chamber) on 24 March 2011 in Case T-385/06 Aalberts Industries NV and Others v European Commission by which the Court annulled, in part, Commission Decision C(2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) in respect of a cartel involving price-fixing and agreement on discounts and rebates, the creation of mechanisms for coordinating price increases, allocation of customers and exchange of commercial information in the European market for copper and copper alloy fittings, and also, in the alternative, a reduction in the fine imposed on the applicants
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Declares that there is no need to examine the cross-appeal;
            
         
               3.
            
            
               Orders the European Commission to pay the costs.
            
         
      (1)  OJ C 238, 13.8.2011.