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Case T-364/10: Judgment of the General Court of 16 September 2013 — Duravit and Others 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 — Single and continuous infringement — Burden of proof — Fines — Equal treatment — Proportionality — Principle that penalties must have a proper legal basis)
ECLI:EU:UNKNOWN:62010TA0364
62010TA0364
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9.11.2013
Official Journal of the European Union
C 325/23
(Case T-364/10) (1)
(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 - Single and continuous infringement - Burden of proof - Fines - Equal treatment - Proportionality - Principle that penalties must have a proper legal basis)
2013/C 325/38
Language of the case: German
Parties
Applicants: Duravit AG (Hornberg, Germany); Duravit SA (Bischwiller, France); and Duravit BeLux SPRL/BVBA (Overijse, Belgium) (represented by: R. Bechtold, U. Soltész and C. von Köckritz, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, Agents, assisted by P. Thyri, lawyer)
Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, 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 for reduction of the fine imposed on the applicants in that decision.
Operative part of the judgment
The Court:
1.Annuls point (8) of Article 1(1) 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) in so far as the European Commission finds that Duravit AG, Duravit BeLux SPRL/BVBA and Duravit SA participated in an infringement in Italy, Austria and the Netherlands;
2.Dismisses the action as to the remainder;
3.Orders Duravit AG, Duravit BeLux and Duravit SA to bear three quarters of their own costs;
4.Orders the Commission to pay one quarter of the costs incurred by Duravit AG, Duravit BeLux and Duravit SA and to bear its own costs;
5.Orders the Council of the European Union to bear its own costs.
(1) OJ C 288, 23.10.2010.