CELEX: 62005TJ0030
Language: en
Date: 2007-09-12
Title: Judgment of the Court of First Instance (Second Chamber) of 12 September 2007.#William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG v Commission of the European Communities.#Competition - Cartels - European haberdashery market (needles) - Product market sharing - Geographic market sharing - Fine - Guidelines on the method of setting fines - Duty to state reasons - Gravity and duration of the infringement - Leniency notice.#Case T-30/05.

Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Prym and Prym Consumer v Commission
      (Case T-30/05)
      Competition – Cartels – European haberdashery market (needles) – Product market sharing – Geographic market sharing – Fine – Guidelines on the method of setting fines – Duty to state reasons – Gravity and duration of the infringement – Leniency notice
      1.                     Competition – Fines – Amount – Limit – Application to each fine individually in the case of distinct infringements (Council
            Regulation No 1/2003, Art. 23(2)) (see paras 63-64)
      2.                     Community law – Principles – Protection of legitimate expectations – Conditions (Internal Rules of the Commission, Art. 1)
            (see para. 67)
      3.                     Competition – Administrative procedure – Decision finding an infringement – Obligation to define the market in question –
            Scope (Art. 81 EC) (see paras 86-88)
      4.                     Competition – Fines – Amount – Determination – Measure of the actual capacity to cause significant damage to competition on
            the market concerned (Art. 81(1) EC; Council Regulation No 17, Art. 15(2)) (see para. 90)
      5.                     Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see para. 92)
      6.                     Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Effect on trade between Member
            States – Criteria – Market not significantly affected – Agreement not prohibited (Art. 81(1) EC) (see paras 102-103, 140)
      7.                     Competition – Fines – Amount – Determination – Criteria – Seriousness of the infringement (Art. 81(1) EC; Council Regulation
            No 17, Art. 15(2); Commission Notice 98/C 9/03, point 5(b)) (see paras 108, 110, 191)
      8.                     Competition – Fines – Amount – Determination – Criteria – Duration of the infringement (Art. 81(1) EC; Council Regulation
            No 17, Art. 15(2)) (see paras 127-128, 133)
      9.                     Competition – Community rules – Infringement committed by a wholly owned subsidiary – Imputed by presumption to the parent
            company (Art. 81 EC) (see para. 146)
      10.                     Competition – Fines – Amount – Determination – Power of assessment conferred on the Commission by Article 23 of Regulation
            No 1/2003 (Council Regulation No 1/2003, Art. 23) (see paras 153-156)
      11.                     Community law – Principles – Non-retroactivity of penal provisions – Scope – Fines imposed for breach of the competition rules
            – Included (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03) (see paras 164-168)
      12.                     Competition – Fines – Amount – Determination – Criteria – Seriousness and duration of the infringement (Council Regulation
            No 1/2003, Art. 17, Arts 15(2) and 23; Commission Notice 98/C 9/03, point 1 A, para. 6 ) (see paras 180-182, 238, 240-241)
      13.                     Competition – Fines – Amount – Determination – Criteria – Seriousness of the infringement – Attenuating circumstances (Council
            Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03, point 3) (see paras 204-205, 207-208, 211)
      14.                     Competition – Fines – Amount – Determination – Commission’s margin of discretion – Limits – Compliance with the proportionality
            principle (Council Regulation No 1/2003, Art. 23(2)) (see paras 223-224, 226)
      15.                     Competition – Fines – Amount – Determination – Criteria – Obligation to take account of the financial situation of the undertaking
            concerned (Council Regulation No 17, Art. 15(2)) (see para. 230)
      16.                     Competition – Fines – Amount – Determination – Criteria – Attitude of the undertaking during the administrative procedure
            (Council Regulation No 17, Art. 15(2); Commission Notice 96/C 207/04, Title D, point 2) (see paras 251-252)
      Re: 
      
         
               APPLICATION, principally, for annulment of Commission Decision C(2004) 4221 final of 26 October 2004 relating to a proceeding
                  under Article 81 [EC] (Case COMP/F-1/38.338 – PO/Needles) in so far as it relates to the applicants, and, in the alternative,
                  for annulment or reduction of the fine imposed on the applicants.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Sets the amount of the fine imposed on William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG under Article 2 of Commission
                     Decision C(2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F-1/38.338 – PO/Needles)
                     at EUR 27 million;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the remainder of the appeal;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders William Prym and Prym Consumer to bear 90% of their own costs and to pay 90% of the costs incurred by the Commission,
                     and the Commission to bear 10% of its own costs and to pay 10% of the costs incurred by William Prym and Prym Consumer.