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Case C-389/10 P: Judgment of the Court (Second Chamber) of 8 December 2011 — KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Market for copper plumbing tubes — Fines — Size of the market, duration of the infringement and cooperation capable of being taken into consideration — Effective judicial remedy)
ECLI:EU:UNKNOWN:62010CA0389
62010CA0389
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4.2.2012
Official Journal of the European Union
C 32/10
(Case C-389/10 P) (<span class="super">1</span>)
(Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy)
2012/C 32/16
Language of the case: English
Parties
Appellants: KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA (represented by: M. Siragusa, avvocato, A. Winckler, avocat, G. Rizza, avvocato, T. Graf, advokat, M. Piergiovanni, avvocato)
Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and S. Noë, acting as Agents, C. Thomas, Solicitor)
Re:
Appeal brought against the judgment of the General Court of 19 May 2010 in Case T-25/05 KME Germany and Others v Commission, by which the General Court dismissed an action seeking the reduction of the fine imposed on the applicants by Commission Decision 2006/485/EC of 3 September 2004 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) (notified under No C(2004) 2826), concerning a system of allocation of production volumes and market shares, and the setting of targets and price increases on the European market for copper plumbing tubes
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders KME Germany AG, KME France SAS and KME Italy SpA to pay the costs.
(<span class="super">1</span>) OJ C 274, 9.10.2010.