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Case T-116/04: Judgment of the Court of First Instance of 6 May 2009 — Wieland-Werke v Commission (Competition — Agreements, decisions and concerted practices — Market for copper industrial tubes — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Principle that penalties must have a sound legal basis — Size of the market concerned — Deterrent effect — Duration of the infringement — Cooperation)
ECLI:EU:UNKNOWN:62004TA0116
62004TA0116
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Official Journal of the European Union
C 153/32
(Case T-116/04)
(Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Principle that penalties must have a sound legal basis - Size of the market concerned - Deterrent effect - Duration of the infringement - Cooperation)
2009/C 153/60
Language of the case: German
Parties
Applicant: Wieland-Werke AG (Ulm, Germany) (represented by: R. Bechtold and U. Soltész, Lawyers)
Defendant: Commission of the European Communities (represented initially by: É. Gippini Fournier and H. Gading, and subsequently É. Gippini Fournier, O. Weber and K. Mojzesowicz, Lawyers)
Re:
Annulment or reduction of the fine imposed on the applicant under Article 2(a) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Wieland-Werke AG to pay the costs.
* * *
(<span class="super">1</span>) OJ C 118, 30.4.2004.