This document is an excerpt from the EUR-Lex website
Document 62007TA0113
Case T-113/07: Judgment of the General Court of 12 July 2011 — Toshiba v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Single and continuous infringement — Fines — Gravity and duration of the infringement — Statement of reasons — Starting amount — Reference year)
Case T-113/07: Judgment of the General Court of 12 July 2011 — Toshiba v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Single and continuous infringement — Fines — Gravity and duration of the infringement — Statement of reasons — Starting amount — Reference year)
Case T-113/07: Judgment of the General Court of 12 July 2011 — Toshiba v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Single and continuous infringement — Fines — Gravity and duration of the infringement — Statement of reasons — Starting amount — Reference year)
OJ C 252, 27.8.2011, p. 30–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.8.2011 |
EN |
Official Journal of the European Union |
C 252/30 |
Judgment of the General Court of 12 July 2011 — Toshiba v Commission
(Case T-113/07) (1)
(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Single and continuous infringement - Fines - Gravity and duration of the infringement - Statement of reasons - Starting amount - Reference year)
2011/C 252/71
Language of the case: English
Parties
Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: initially J. MacLennan, Solicitor, A. Schulz and J. Borum, lawyers, and subsequently J. MacLennan and A. Schulz)
Defendant: European Commission (represented by: initially F. Arbault and J. Samnadda, then X. Lewis, and subsequently J. Bourke and F. Ronkes Agerbeek, and finally F. Ronkes Agerbeek and N. Khan, Agents)
Re:
APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicant and, in the alternative, for the amendment of Articles 1 and 2 of that decision so as to cancel or reduce the fine imposed on the applicant.
Operative part of the judgment
The Court:
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1. |
Annuls Article 2(h) and (i) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) in so far as it concerns Toshiba Corp; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders Toshiba to bear three quarters of the costs incurred by the parties before the General Court; |
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4. |
Orders the European Commission to bear a quarter of the costs incurred by the parties before the General Court. |