CELEX: 62007TA0113
Language: en
Date: 2011-07-12 00:00:00
Title: Case T-113/07: Judgment of the General Court of 12 July 2011 — Toshiba v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Single and continuous infringement — Fines — Gravity and duration of the infringement — Statement of reasons — Starting amount — Reference year)

27.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/30
            
         Judgment of the General Court of 12 July 2011 — Toshiba v Commission
   (Case T-113/07) (1)
   
   (Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Single and continuous infringement - Fines - Gravity and duration of the infringement - Statement of reasons - Starting amount - Reference year)
   2011/C 252/71
   Language of the case: English
   
      Parties
   
   
      Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: initially J. MacLennan, Solicitor, A. Schulz and J. Borum, lawyers, and subsequently J. MacLennan and A. Schulz)
   
      Defendant: European Commission (represented by: initially F. Arbault and J. Samnadda, then X. Lewis, and subsequently J. Bourke and F. Ronkes Agerbeek, and finally F. Ronkes Agerbeek and N. Khan, Agents)
   
      Re:
   
   APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicant and, in the alternative, for the amendment of Articles 1 and 2 of that decision so as to cancel or reduce the fine imposed on the applicant.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Article 2(h) and (i) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) in so far as it concerns Toshiba Corp;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders Toshiba to bear three quarters of the costs incurred by the parties before the General Court;
            
         
               4.
            
            
               Orders the European Commission to bear a quarter of the costs incurred by the parties before the General Court.
            
         
      (1)  OJ C 140, 23.6.2007.