CELEX: 62005TA0019
Language: en
Date: 2010-05-19 00:00:00
Title: Case T-19/05: Judgment of the General Court of 19 May 2010 — Boliden and Others v Commission (Competition — Agreements, decisions and concerted practices — Copper plumbing tube industry — Decision finding an infringement of Article 81 EC — Continuous and multiform infringement — Fines — Limitation period — Cooperation)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/30
            
         Judgment of the General Court of 19 May 2010 — Boliden and Others v Commission
   (Case T-19/05) (1)
   
   (Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Fines - Limitation period - Cooperation)
   2010/C 179/49
   Language of the case: English
   
      Parties
   
   
      Applicants: Boliden AB (Stockholm, Sweden); Outokumpu Copper Fabrication AB, formerly Boliden Fabrication AB (Västerås, Sweden); Outokumpu Copper BCZ SA, formerly Boliden Cuivre & Zinc SA (Liège, Belgium) (represented: initially by C. Wetter and O. Rislund and subsequently by C. Wetter and M. Johansson, lawyers)
   
      Defendant: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)
   
      Re:
   
   Application (i) for annulment of Article 1(a) to (c) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) in so far as it was thereby found that the applicants participated in an infringement between 1 July 1995 and 27 August 1998 and between 10 December 1998 and 7 October 1999; (ii) for reduction of the fine imposed on the applicants by that decision; and (iii) by way of counterclaim by the Commission, for the amount of that fine to be increased.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Dismisses the European Commission’s counterclaim;
            
         
               3.
            
            
               Orders Boliden AB, Outokumpu Copper Fabrication AB and Outokumpu Copper BCZ SA to bear their own costs and to pay 90 % of the costs incurred by the Commission;
            
         
               4.
            
            
               Orders the Commission to bear 10 % of its own costs.
            
         
      (1)  OJ C 82, 2.4.2005.