CELEX: 62009TA0147
Language: en
Date: 2013-05-17 00:00:00
Title: Joined Cases T-147/09 and T-148/09: Judgment of the General Court of 17 May 2013 — Trelleborg Industrie and Trelleborg v Commission (Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Legal certainty — Equal treatment — Fines — Gravity and duration of the infringement)

29.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 189/16
            
         Judgment of the General Court of 17 May 2013 — Trelleborg Industrie and Trelleborg v Commission
   (Joined Cases T-147/09 and T-148/09) (1)
   
   (Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Legal certainty - Equal treatment - Fines - Gravity and duration of the infringement)
   2013/C 189/30
   Language of the case: English
   
      Parties
   
   
      Applicants: Trelleborg Industrie SAS (Clermont-Ferrand, France) (Case T-147/09); and Trelleborg AB (Trelleborg, Sweden) (Case T-148/09) (represented by: J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer)
   
      Defendant: European Commission (represented by: N. Khan, V. Bottka and S. Noë, acting as Agents)
   
      Re:
   
   Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Article 1(g) and (h) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as it applies to the period from 13 May 1997 to 21 June 1999;
            
         
               2.
            
            
               Dismisses the actions as to the remainder;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 153, 4.7.2009.