Judgment of the General Court of 19 May 2010 — Wieland-Werke and Others v Commission

(Case T-11/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Ne bis in idem principle - Fines - Actual impact on the market - Size of the relevant market - Duration of the infringement - Attenuating circumstances)

(2010/C 179/47)

Language of the case: German

Parties

Applicants: Wieland-Werke AG (Ulm, Germany); Buntmetall Amstetten GmbH (Amstetten, Austria); and Austria Buntmetall AG (Enzesfeld, Austria); (represented by: R. Bechtold and U. Soltész, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, Agents, and by G. Eickstädt, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: J. Huber and G. Kimberley, Agents)

Re:

Application, first, for annulment of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes); second, in the alternative, for reduction of the fines imposed on the applicants by that decision; and third, by way of counterclaim by the Commission, for those fines to be increased.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Dismisses the European Commission’s counterclaim;

3.	Orders Wieland-Werke AG, Buntmetall Amstetten GmbH and Austria Buntmetall AG 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;

5.	Orders the Council of the European Union to bear its own costs.

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(1)  OJ C 93, 16.4.2005.