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Case T-386/10: Judgment of the General Court of 16 September 2013 — Dornbracht v Commission (Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Plea of illegality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality — Non-retroactivity)
ECLI:EU:UNKNOWN:62010TA0386
62010TA0386
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9.11.2013
Official Journal of the European Union
C 325/28
(Case T-386/10) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Plea of illegality - Gravity of the infringement - Mitigating circumstances - Equal treatment - Proportionality - Non-retroactivity)
2013/C 325/46
Language of the case: German
Parties
Applicant: Aloys F. Dornbracht GmbH & Co. KG (Iserlohn, Germany) (represented: initially by H. Janssen, T. Kapp and M. Franz, and subsequently by H. Janssen and T. Kapp, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, acting as Agents, assisted by A. Böhlke, lawyer)
Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, acting as Agents)
Re:
Application for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures), and, in the alternative, for reduction of the fine imposed on the applicant in that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Aloys F. Dornbracht GmbH & Co. KG to bear its own costs and pay those of the European Commission;
3.Orders the Council of the European Union to bear its own costs.
(<span class="super">1</span>) OJ C 301, 6.11.2010.