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Case T-446/05: Judgment of the General Court of 28 April 2010 — Amann & Söhne and Cousin Filterie v Commission (Competition — Agreements, decisions and concerted practices — European market in industrial thread — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Concept of a single infringement — Definition of the market — Fines — Upper limit for the fine — Gravity and duration of the infringement — Mitigating circumstances — Cooperation — Proportionality — Equal treatment — Rights of the defence — Guidelines on the method of setting fines)
ECLI:EU:UNKNOWN:62005TA0446
62005TA0446
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Official Journal of the European Union
C 148/24
(Case T-446/05) (<span class="super">1</span>)
(Competition - Agreements, decisions and concerted practices - European market in industrial thread - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Concept of a single infringement - Definition of the market - Fines - Upper limit for the fine - Gravity and duration of the infringement - Mitigating circumstances - Cooperation - Proportionality - Equal treatment - Rights of the defence - Guidelines on the method of setting fines)
2010/C 148/41
Language of the case: German
Parties
Applicants: Amann & Söhne GmbH & Co. KG (Bönnigheim, Germany) and Cousin Filterie SAS (Wervicq-Sud, France) (represented by: A. Röhling, M. Dietrich and C. Horstkotte, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and K. Mojzesowicz, acting as Agents, assisted by G. Eickstädt, lawyer)
Re:
Application for annulment of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 — PO/Thread), as amended by Commission Decision C(2005) 3765 of 13 October 2005, and, in the alternative, for reduction of the fine imposed on the applicants by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Amann & Söhne GmbH & Co. KG and Cousin Filterie SAS to pay the costs.
(<span class="super">1</span>) OJ C 60, 11.3.2006.