9.4.2011

Official Journal of the European Union

C 113/10

(Cases T-117/07 and T-121/07) (<span class="super">1</span>)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Rights of the defence - Duty to state the reasons on which the decision is based - Whether answerable for the infringement - Duration of the infringement - Fines - Joint and several liability for payment of a fine - Aggravating circumstances - Role of leader - Mitigating circumstances - Cooperation)

2011/C 113/20

Language of the case: French

Parties

Applicants: Areva, société anonyme, established in Paris (France); Areva T&D Holding SA; established in Paris, Areva T&D SA; established in Paris; Areva T&D AG, established in Oberentfelden (Switzerland) (represented by: A. Schild and J.-M. Cot, lawyers); and Alstom, société anonyme, (Levallois-Perret, France), (represented initially by J. Derenne, lawyer, W. Broere, Solicitor, A. Müller-Rappard and C. Guirado, lawyers, and then by J. Derenne and A. Müller-Rappard, lawyers)

Defendant: European Commission (represented by: initially by X. Lewis and F. Arbault, then by X. Lewis, and finally by V. Bottka and N. Von Lingen, acting as Agents)

Re:

Partial annulment of Commission Decision C(2006) 6762 Final of 24 January 2007, relating to a proceeding under Article 81 EC and Article 53 EEA (Case COMP/F/38.899 — Gas Insulated Switchgear), concerning a cartel in the gas insulated switchgear projects sector entailing manipulation of the bidding procedure for those projects, the fixing of minimum tender prices, the allocation of quotas and of projects, and exchanges of information, and also, in the alternative, annulment or reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

1.Joins Cases T-117/07 and T-121/07 for the purposes of the judgment;

2.Annuls Article 2(b) and (c) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear);

3.For the infringements found in Article 1(b) to (f) of Decision C(2006) 6762 final, imposes the following fines:

—Alstom, société anonyme: EUR 10 327 500;

—Alstom: EUR 48 195 000, for which it is jointly and severally liable with Areva T&D SA. In respect of EUR 20 400 000 of the amount owed by Areva T&D SA, it is jointly and severally liable together with Areva T&D AG, Areva, société anonyme, and Areva T&D Holding SA;

4.Dismisses the actions as to the remainder;

5.In Case T-117/07, orders the European Commission to pay one-tenth of the costs incurred by Areva, Areva T&D Holding, Areva T&D SA and Areva T&D AG and one-tenth of its own costs. Areva, Areva T&D SA and Areva T&D AG are ordered to pay nine-tenths of their own costs and nine-tenths of the Commission’s costs;

6.In Case T-121/07, orders the Commission to pay one-tenth of the costs incurred by Alstom and one-tenth of its own costs. Alstom is ordered to pay nine-tenths of its own costs and nine-tenths of the Commission’s costs.

(<span class="super">1</span>) OJ C 140, 23.6.2007.