10.11.2014

Official Journal of the European Union

C 395/5

(Case C-408/12 P) (<span class="oj-super oj-note-tag">1</span>)

((Appeal - Agreements, decisions and concerted practices - Markets for zip fasteners and other fasteners and for attaching machines - Successive responsibilities - Legal upper limit of the fine - Article 23(2) of Regulation No 1/2003 - Concept of ‘undertaking’ - Personal responsibility - Principle of proportionality - Deterrence multiplier))

(2014/C 395/05)

Language of the case: English

Parties

Appellants: YKK Cor., YKK Holding Europe BV, YKK Stocko Fasteners GmbH (represented by: D. Arts, W. Devroe, E. Winter and F. Miotto, avocats)

Other party to the proceedings: European Commission (represented by: A. Bouquet and R. Sauer, acting as Agents)

Operative part of the judgment

The Court:

1.Sets asides the judgment of the General Court of the European Union in YKK and Others v Commission (EU:T:2012:322), as regards the application, for the purposes of determining the maximum amount of the fine, in the context of the cooperation in the Baseler-Wuppertaler and Amsterdamer circles on the market for metal and plastic fasteners and attaching machines, of a 10 % upper limit calculated on the basis of the YKK group turnover in the year preceding the adoption of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article [81 EC] (Case COMP/39.168 — PO/Hard haberdashery: fasteners), as regards the period of the infringement for which YKK Stocko Fasteners GmbH was held to be solely responsible;

2.Dismisses the appeal for the remainder;

3.Annuls Article 2(2) of Commission Decision C(2007) 4257 final in so far as it concerns the calculation of the fine for which YKK Stocko Fasteners GmbH was held to be solely liable in the framework of the cooperation in the Baseler-Wuppertal and Amsterdamer circles;

4.Orders the fine imposed on YKK Stocko Fasteners GmbH for the infringement for which it is exclusively liable, in the framework of the cooperation in the Baseler-Wuppertaler and Amsterdamer circles, to be fixed at EUR 2 792 800;

5.Orders YKK Corporation, YKK Holding Europe BV and YKK Stocko Fasteners GmbH to bear their own costs and pay three quarters of the costs of the European Commission relating both to the proceedings at first instance and to the appeal proceedings;

6.Orders the European Commission to bear one quarter of its own costs relating both to the proceedings at first instance and to the appeal.

(<span class="oj-super">1</span>) OJ C 343, 10.11.2012.