CELEX: 62006TJ0381
Language: en
Date: 2011-03-24
Title: Judgment of the General Court (Eighth Chamber) of 24 March 2011.#FRA.BO SpA v European Commission.#Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Fines - Leniency Notice - Guidelines on the method of setting fines - Attenuating circumstances - Immunity from fines - Legitimate expectations - Equal treatment.#Case T-381/06.

Judgment of the General Court (Eighth Chamber) of 24 March 2011 – FRA.BO v Commission
      (Case T-381/06)
      Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Fines – Leniency Notice – Guidelines on the method of setting fines – Attenuating circumstances – Immunity from fines – Legitimate expectations – Equal treatment
      1.                     Community law – Principles – Protection of legitimate expectations – Limits – Prevention of infringements of the competition
            rules – Determination of the amount of fines – Method of calculating fines – Discretion of the institutions – Leniency notice
            not relevant (Commission Communication 96/C 207/04) (see paras 93-94)
      2.                     Competition – Fines – Amount – Determination – Criteria – Reduction of the fine for cooperation of the fined undertaking –
            Conditions – Discretion of the Commission – Quality and usefulness of the information supplied taken into account (Commission
            Communication 96/C 207/04, Title D, Section 2) (see para. 96)
      3.                     Competition – Fines – Amount – Determination – Reduction of the fine in return for the cooperation of the undertaking concerned
            – Discretion of the Commission – Comparisons between the facts of different cases – Indicative character – Factors to be taken
            into consideration – Breach of the principle of equal treatment – None (Commission Communication 96/C 207/04, Title D, Section
            2) (see paras 101, 103-104)
      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), and also, in the alternative, for a
                  reduction in the fine imposed on the applicant in that decision.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders FRA.BO SpA to pay the costs.