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Case T-385/06: Judgment of the General Court of 24 March 2011 — Aalberts Industries and Others v Commission (Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Decision finding an infringement of Article 81 EC — Single and continuous infringement — Participation in the infringement)
ECLI:EU:UNKNOWN:62006TA0385
62006TA0385
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14.5.2011
Official Journal of the European Union
C 145/22
(Case T-385/06) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Single and continuous infringement - Participation in the infringement)
2011/C 145/34
Language of the case: English
Parties
Applicants: Aalberts Industries NV (Utrecht, Netherlands); Comap SA, formerly Aquatis France SAS (La Chapelle-Saint-Mesmin, France); and Simplex Armaturen + Fittings GmbH & Co. KG (Argenbühl-Eisenharz, Germany) (represented initially by R. Wesseling and M. van der Woude, and subsequently by R. Wesseling, lawyers)
Defendant: European Commission (represented by: A. Nijenhuis, R. Sauer and V. Bottka, acting as Agents)
Re:
Application for annulment 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 applicants 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 finds that Aalberts Industries NV, Comap SA, formerly Aquatis France SAS, and Simplex Armaturen + Fittings GmbH & Co. KG participated in the infringement during the period from 25 June 2003 to 1 April 2004;
2.Annuls Article 2(a) and (b)(2) of Decision C(2006) 4180;
3.Orders the European Commission to pay the costs.
(<span class="super">1</span>) OJ C 20, 27.1.2007.