CELEX: 62006TJ0376
Language: en
Date: 2011-03-24
Title: Judgment of the General Court (Eighth Chamber) of 24 March 2011.#Legris Industries SA v European Commission.#Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Imputability of the infringement.#Case T-376/06.

Judgment of the General Court (Eighth Chamber) of 24 March 2011 – Legris Industries v Commission
      (Case T-376/06)
      Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement
      1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute
            – Brief summary of the pleas in law on which the application is based – General reference to documents annexed to the application
            – Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see
            paras 30-32)
      2.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Unilateral conduct – Criteria
            for assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries – Subsidiary
            held by a holding company – Fact not sufficient to rebut the presumption (Art. 81(1) EC) (see paras 47-54, 58)
      Re:
      
         
               APPLICATION for annulment in part of Commission Decision C(2006) 4180 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).
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Legris Industries SA to pay the costs.