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Dokument 62005TJ0030
Judgment of the Court of First Instance (Second Chamber) of 12 September 2007.#William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG v Commission of the European Communities.#Competition - Cartels - European haberdashery market (needles) - Product market sharing - Geographic market sharing - Fine - Guidelines on the method of setting fines - Duty to state reasons - Gravity and duration of the infringement - Leniency notice.#Case T-30/05.
Presuda Prvostupanjskog suda (drugo vijeće) od 12. rujna 2007.
William Prym GmbH & Co. KG i Prym Consumer GmbH & Co. KG protiv Komisije Europskih zajednica.
Tržišno natjecanje.
Predmet T-30/05.
Presuda Prvostupanjskog suda (drugo vijeće) od 12. rujna 2007.
William Prym GmbH & Co. KG i Prym Consumer GmbH & Co. KG protiv Komisije Europskih zajednica.
Tržišno natjecanje.
Predmet T-30/05.
Oznaka ECLI: ECLI:EU:T:2007:267
Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Prym and Prym Consumer v Commission
(Case T-30/05)
Competition – Cartels – European haberdashery market (needles) – Product market sharing – Geographic market sharing – Fine – Guidelines on the method of setting fines – Duty to state reasons – Gravity and duration of the infringement – Leniency notice
1. Competition – Fines – Amount – Limit – Application to each fine individually in the case of distinct infringements (Council Regulation No 1/2003, Art. 23(2)) (see paras 63-64)
2. Community law – Principles – Protection of legitimate expectations – Conditions (Internal Rules of the Commission, Art. 1) (see para. 67)
3. Competition – Administrative procedure – Decision finding an infringement – Obligation to define the market in question – Scope (Art. 81 EC) (see paras 86-88)
4. Competition – Fines – Amount – Determination – Measure of the actual capacity to cause significant damage to competition on the market concerned (Art. 81(1) EC; Council Regulation No 17, Art. 15(2)) (see para. 90)
5. Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see para. 92)
6. Competition – Agreements, decisions and concerted practices – Agreements between undertakings – Effect on trade between Member States – Criteria – Market not significantly affected – Agreement not prohibited (Art. 81(1) EC) (see paras 102-103, 140)
7. Competition – Fines – Amount – Determination – Criteria – Seriousness of the infringement (Art. 81(1) EC; Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03, point 5(b)) (see paras 108, 110, 191)
8. Competition – Fines – Amount – Determination – Criteria – Duration of the infringement (Art. 81(1) EC; Council Regulation No 17, Art. 15(2)) (see paras 127-128, 133)
9. Competition – Community rules – Infringement committed by a wholly owned subsidiary – Imputed by presumption to the parent company (Art. 81 EC) (see para. 146)
10. Competition – Fines – Amount – Determination – Power of assessment conferred on the Commission by Article 23 of Regulation No 1/2003 (Council Regulation No 1/2003, Art. 23) (see paras 153-156)
11. Community law – Principles – Non-retroactivity of penal provisions – Scope – Fines imposed for breach of the competition rules – Included (Council Regulation No 1/2003, Art. 23; Commission Notice 98/C 9/03) (see paras 164-168)
12. Competition – Fines – Amount – Determination – Criteria – Seriousness and duration of the infringement (Council Regulation No 1/2003, Art. 17, Arts 15(2) and 23; Commission Notice 98/C 9/03, point 1 A, para. 6 ) (see paras 180-182, 238, 240-241)
13. Competition – Fines – Amount – Determination – Criteria – Seriousness of the infringement – Attenuating circumstances (Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03, point 3) (see paras 204-205, 207-208, 211)
14. Competition – Fines – Amount – Determination – Commission’s margin of discretion – Limits – Compliance with the proportionality principle (Council Regulation No 1/2003, Art. 23(2)) (see paras 223-224, 226)
15. Competition – Fines – Amount – Determination – Criteria – Obligation to take account of the financial situation of the undertaking concerned (Council Regulation No 17, Art. 15(2)) (see para. 230)
16. Competition – Fines – Amount – Determination – Criteria – Attitude of the undertaking during the administrative procedure (Council Regulation No 17, Art. 15(2); Commission Notice 96/C 207/04, Title D, point 2) (see paras 251-252)
Re:
APPLICATION, principally, for annulment of Commission Decision C(2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F-1/38.338 – PO/Needles) in so far as it relates to the applicants, and, in the alternative, for annulment or reduction of the fine imposed on the applicants. |
Operative part
The Court:
1. |
Sets the amount of the fine imposed on William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG under Article 2 of Commission Decision C(2004) 4221 final of 26 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/F-1/38.338 – PO/Needles) at EUR 27 million; |
2. |
Dismisses the remainder of the appeal; |
3. |
Orders William Prym and Prym Consumer to bear 90% of their own costs and to pay 90% of the costs incurred by the Commission, and the Commission to bear 10% of its own costs and to pay 10% of the costs incurred by William Prym and Prym Consumer. |