CELEX: 62011CA0286
Language: en
Date: 2013-01-22 00:00:00
Title: Case C-286/11 P: Judgment of the Court (Grand Chamber) of 22 January 2013 — European Commission v Tomkins plc (Appeal — Competition — Agreements, decisions and concerted practices — European market for copper and copper alloy fittings — Liability of the parent company stemming solely from the unlawful conduct of its subsidiary — Principle of ‘ne ultra petita’ — Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary)

9.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/4
            
         Judgment of the Court (Grand Chamber) of 22 January 2013 — European Commission v Tomkins plc
   (Case C-286/11 P) (1)
   
   (Appeal - Competition - Agreements, decisions and concerted practices - European market for copper and copper alloy fittings - Liability of the parent company stemming solely from the unlawful conduct of its subsidiary - Principle of ‘ne ultra petita’ - Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary)
   2013/C 71/06
   Language of the case: English
   
      Parties
   
   
      Appellant: European Commission (represented by: F. Castillo de la Torre, V. Bottka and R. Sauer, Agents)
   
      Other party to the proceedings: Tomkins plc (represented by: K. Bacon, Barrister, instructed by S. Jordan, Solicitor)
   
      Re:
   
   Appeal against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-382/06 Tomkins v Commission annulling in part Commission Decision 2007/691/EC 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) (notified under C(2006) 4180) concerning a cartel relating to fixing prices, agreeing on discounts and rebates, agreeing on implementation mechanisms for introducing price increases, allocating customers and exchanging commercial information, in the European market for copper fittings, particularly copper alloy fittings (OJ 2007 L 283, p.63), and reducing the fine imposed on Tomkins plc.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders the European Commission to pay the costs.
            
         
      (1)  OJ C 238, 13.8.2011.