3.7.2010

Official Journal of the European Union

C 179/30

(Case T-19/05) (<span class="oj-super oj-note-tag">1</span>)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Fines - Limitation period - Cooperation)

(2010/C 179/49)

Language of the case: English

Parties

Applicants: Boliden AB (Stockholm, Sweden); Outokumpu Copper Fabrication AB, formerly Boliden Fabrication AB (Västerås, Sweden); Outokumpu Copper BCZ SA, formerly Boliden Cuivre & Zinc SA (Liège, Belgium) (represented: initially by C. Wetter and O. Rislund and subsequently by C. Wetter and M. Johansson, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)

Re:

Application (i) for annulment of Article 1(a) to (c) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) in so far as it was thereby found that the applicants participated in an infringement between 1 July 1995 and 27 August 1998 and between 10 December 1998 and 7 October 1999; (ii) for reduction of the fine imposed on the applicants by that decision; and (iii) by way of counterclaim by the Commission, for the amount of that fine to be increased.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Dismisses the European Commission’s counterclaim;

3.Orders Boliden AB, Outokumpu Copper Fabrication AB and Outokumpu Copper BCZ SA to bear their own costs and to pay 90 % of the costs incurred by the Commission;

4.Orders the Commission to bear 10 % of its own costs.

(<span class="oj-super">1</span>) OJ C 82, 2.4.2005.