CELEX: 62009TA0146
Language: en
Date: 2013-05-17 00:00:00
Title: Case T-146/09: Judgment of the General Court of 17 May 2013 — Parker ITR and Parker-Hannifin 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 — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Legal certainty — Ceiling of 10 % — Mitigating circumstances — Cooperation)

29.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 189/16
            
         Judgment of the General Court of 17 May 2013 — Parker ITR and Parker-Hannifin v Commission
   (Case T-146/09) (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 - Attributability of unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Legal certainty - Ceiling of 10 % - Mitigating circumstances - Cooperation)
   2013/C 189/29
   Language of the case: English
   
      Parties
   
   
      Applicants: Parker ITR Srl (Veniano, Italy) and Parker-Hannifin Corp. (Mayfield Heights, Ohio, United States) (represented by: B. Amory, F. Marchini Càmia, and F. Amato, lawyers)
   
      Defendant: European Commission (represented: initially by N. Khan, V. Bottka and S. Noë, and subsequently by V. Bottka, S. Noë and R. Sauer, 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(i) 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 in that decision the European Commission found that Parker ITR Srl had participated in the infringement in respect of the period before 1 January 2002;
            
         
               2.
            
            
               Annuls Article 2(e) of Decision C(2009) 428 final;
            
         
               3.
            
            
               Sets the amount of the fine imposed on Parker ITR at EUR 6 400 000, of which Parker-Hannifin Corp. is jointly and severally liable for EUR 6 300 000;
            
         
               4.
            
            
               Dismisses the action as to the remainder;
            
         
               5.
            
            
               Orders the Commission to bear its own costs and to pay those incurred by Parker ITR and Parker-Hannifin.
            
         
      (1)  OJ C 141, 20.6.2009.