22.2.2014

Official Journal of the European Union

C 52/28

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(Case C-637/13 P)

2014/C 52/51

Language of the case: Spanish

Parties

Appellant: Laufen Austria AG (represented by: E. Navarro Varona, abogada)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—uphold the arguments put forward by Laufen Austria AG in the present case;

—set aside in part the judgment of the General Court of 16 September 2013 in Case T-411/10;

—uphold Laufen Austria AG’s claims by reducing the fine imposed on it;

—order the Commission to pay the costs incurred by Laufen Austria AG in the present case, as well as those incurred in Case T-411/10 in so far as the same grounds are concerned.

Grounds of appeal and main arguments

1.First ground of appeal, alleging an erroneous application of Article 23(2) of Regulation No 1/2003 (1) and of the principles of proportionality and individual liability in relation to the fine imposed individually on Laufen Austria, AG for the infringement committed prior to its acquisition by Roca Sanitario, S.A.

2.Second ground of appeal, alleging error of law in the application of the case-law of the Court of Justice of the European Union and breach of the principles of equal treatment and proportionality, of the principle that reasons must be stated and of the principle of the protection of legitimate expectations in the application of the Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. (2)

Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles [101 TFEU] and [102 TFEU] (OJ 2003 L 1, p.1).

OJ 2006 C 210, p. 2.

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