3.7.2010

Official Journal of the European Union

C 179/29

(Case T-18/05) (<span class="oj-super oj-note-tag">1</span>)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tubes sector - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Interruption of participation - Fines - Limited participation in the cartel)

(2010/C 179/48)

Language of the case: English

Parties

Applicants: IMI plc (Birmingham, Warwickshire, United Kingdom); IMI Kynoch Ltd (Birmingham); and Yorkshire Copper Tube (Liverpool, Merseyside, United Kingdom) (represented by: M. Struys and D. Arts, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)

Re:

Application for (1) annulment of Article 1(h) to (j) and Article 2(f) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes); and (2) in the alternative, reduction in the amount of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1.Annuls Article 1(h) to (j) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) in so far as it relates to the period from 1 December 1994 to 11 April 1996;

2.Determines the amount of the fine imposed jointly and severally on IMI plc, IMI Kynoch Ltd and Yorkshire Copper Tube in Article 2(f) of Decision C(2004) 2826 at EUR 38.556 million;

3.Dismisses the action as to the remainder;

4.Orders the European Commission to pay its own costs and 40 % of the costs incurred by IMI, IMI Kynoch and Yorkshire Copper Tube;

5.Orders IMI, IMI Kynoch and Yorkshire Copper Tube to bear 60 % of their own costs.

(<span class="oj-super">1</span>) OJ C 69, 19.3.2005.