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Document 62011CA0231
Joined Cases C-231/11 P to C-233/11 P: Judgment of the Court (Fourth Chamber) of 10 April 2014 — European Commission v Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Joint and several liability for payment of the fine — Concept of an ‘undertaking’ — Principle of personal liability and the principle that the penalty must be specific to the offender and the offence — Unlimited jurisdiction of the General Court — The ultra petita rule — Principles of proportionality and equal treatment)
Joined Cases C-231/11 P to C-233/11 P: Judgment of the Court (Fourth Chamber) of 10 April 2014 — European Commission v Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Joint and several liability for payment of the fine — Concept of an ‘undertaking’ — Principle of personal liability and the principle that the penalty must be specific to the offender and the offence — Unlimited jurisdiction of the General Court — The ultra petita rule — Principles of proportionality and equal treatment)
Joined Cases C-231/11 P to C-233/11 P: Judgment of the Court (Fourth Chamber) of 10 April 2014 — European Commission v Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Joint and several liability for payment of the fine — Concept of an ‘undertaking’ — Principle of personal liability and the principle that the penalty must be specific to the offender and the offence — Unlimited jurisdiction of the General Court — The ultra petita rule — Principles of proportionality and equal treatment)
IO C 175, 10.6.2014, p. 2–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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10.6.2014 |
EN |
Official Journal of the European Union |
C 175/2 |
Judgment of the Court (Fourth Chamber) of 10 April 2014 — European Commission v Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA
(Joined Cases C-231/11 P to C-233/11 P) (1)
((Appeals - Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Joint and several liability for payment of the fine - Concept of an ‘undertaking’ - Principle of personal liability and the principle that the penalty must be specific to the offender and the offence - Unlimited jurisdiction of the General Court - The ultra petita rule - Principles of proportionality and equal treatment))
2014/C 175/02
Language of the case: German
Parties
Appellants: European Commission (represented by: A. Antoniadis, R. Sauer and N. von Lingen, acting as Agents) (C-231/11 P), Siemens Transmission & Distribution Ltd (C-232/11 P), Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (C-233/11 P) (represented by: H. Wollmann and F. Urlesberger, Rechtsanwälte)
Other parties to the proceedings: Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA, Nuova Magrini Galileo SpA (represented by: H. Wollmann and F. Urlesberger, Rechtsanwälte), European Commission (represented by: A. Antoniadis, R. Sauer and N. von Lingen, acting as Agents)
Re:
Appeals brought against the judgment of the General Court (Second Chamber) of 3 March 2011 in Joined Cases T 122/07 to T 124/07 Siemens Österreich and Others v Commission, being an application, primarily, for the partial 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) and, in the alternative, for a reduction of the fine imposed on the appellants
Operative part of the judgment
The Court:
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1) |
Sets aside paragraph 2 of the operative part of the judgment of the General Court of the European Union of 3 March 2011 in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission, in so far as it annuls Article 2(j) and (k) 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); |
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2) |
Sets aside the first indent of paragraph 3 of the operative part of the judgment in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission; |
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3) |
Sets aside the second to fourth indents of paragraph 3 of the operative part of the judgment in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission, in so far as they fix by implication the share of the fines for the payment of which the applicants at first instance were held jointly and severally liable; |
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4) |
Dismisses the appeals as to the remainder; |
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5) |
Orders Siemens AG Österreich, VA Tech Transmission & Distribution GmbH & Co. KEG, Siemens Transmission & Distribution Ltd, Siemens Transmission & Distribution SA and Nuova Magrini Galileo SpA to pay the costs relating to the appeal in Case C-231/11 P; |
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6) |
Orders Siemens Transmission & Distribution Ltd to pay the costs relating to the appeal in Case C-232/11 P; |
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7) |
Orders the European Commission to pay the costs relating to the appeal in Case C-233/11 P; |
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8) |
The costs relating to the proceedings at first instance remain allocated in accordance with paragraphs 5 to 7 of the operative part of the judgment of 3 March 2011 in Joined Cases T-122/07 to T-124/07 Siemens Österreich and Others v Commission. |