18.5.2013

Official Journal of the European Union

C 141/4

(Case C-276/11 P) (<span class="super">1</span>)

(Appeal - Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - End-feed fittings and press fittings - Taking and assessment of the evidence - Right to be heard before a court - Obligation to state reasons - Principle of proportionality)

2013/C 141/06

Language of the case: German

Parties

Appellant: Viega GmbH & Co. KG (represented by: J. Burrichter, T. Mäger and M. Röhrig, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: V. Bottka, R. Sauer, Agents, and A. Böhlke, Rechtsanwalt)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 24 March 2011 in Case T-375/06 Viega GmbH & Co. KG v Commission, by which the General Court dismissed the applicant’s action seeking the annulment of Commission Decision C(2006) 4180 final of 20 September 2006 relating to a proceeding under Article 81 of the Treaty establishing the European Community and Article 53 of the EEA Agreement concerning a cartel in the copper and copper alloy fittings sector or, in the alternative, the reduction of the fine imposed on the applicant — Infringement of the right to be heard before a court, of the principle of proportionality and of the obligation to state reasons — Infringement of the principles of the investigation procedure — Infringement of Article 81(1) EC and Article 23(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Viega GmbH & Co. KG to pay the costs.

(<span class="super">1</span>) OJ C 238, 13.8.2011.