14.5.2011

Official Journal of the European Union

C 145/21

(Case T-382/06)(1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Duration of the infringement)

2011/C 145/32

Language of the case: English

Parties

Applicant: Tomkins plc (London, United Kingdom) (represented by: T. Soames, S. Jordan, Solicitors, and J. Joshua, Barrister)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella and K. Daly, Solicitors)

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 for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1.Annuls Article 1 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) in so far as it relates to the period from 31 December 1988 to 29 October 1993 with respect to Tomkins plc;

2.Sets the amount of the fine imposed on Tomkins plc under Article 2(h) of Decision C(2006) 4180 at EUR 4,25 million, in respect of which it is jointly and severally liable with Pegler Ltd as to EUR 3,4 million;

3.Dismisses the action as to the remainder;

4.Orders each party to bear its own costs.

(1)

OJ C 42, 24.2.2007.