9.4.2011
EN
Official Journal of the European Union
— Alstom: EUR 48 195 000, for which it is jointly and
severally liable with Areva T&D SA. In respect of
EUR 20 400 000 of the amount owed by Areva T&D SA,
it is jointly and severally liable together with Areva T&D AG,
Areva, société anonyme, and Areva T&D Holding SA;
4. Dismisses the actions as to the remainder;
5. In Case T-117/07, orders the European Commission to pay onetenth of the costs incurred by Areva, Areva T&D Holding, Areva
T&D SA and Areva T&D AG and one-tenth of its own costs.
Areva, Areva T&D SA and Areva T&D AG are ordered to pay
nine-tenths of their own costs and nine-tenths of the Commission’s
costs;
6. In Case T-121/07, orders the Commission to pay one-tenth of the
costs incurred by Alstom and one-tenth of its own costs. Alstom is
ordered to pay nine-tenths of its own costs and nine-tenths of the
Commission’s costs.
C 113/11
Operative part of the judgment
The Court:
1. Annuls Article 1(m), (p), (q), (r) and (t) 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 the Commission found therein an infringement on the
part of Siemens AG Österreich, VA Tech Transmission &
Distribution GmbH & Co. KEG, Siemens Transmission &
Distribution Ltd, Siemens Transmission & Distribution SA and
Nuova Magrini Galileo SpA, for the period from 1 April to 30
June 2002;
2. Annuls Article 2(j), (k) and (l) of Decision C(2006) 6762 final;
3. Imposes the following fines for the infringements found in Article
1(m), (p), (q), (r) and (t) of Decision C(2006) 6762 final:
(1) OJ C 140, 23.6.2007.
— Siemens Transmission & Distribution SA and Nuova Magrini
Galileo, jointly and severally with Schneider Electric SA:
EUR 8 100 000;
Judgment of the General Court of 3 March 2011 —
Siemens Österreich and Others v Commission
— Siemens Transmission & Distribution Ltd, jointly and severally
with Siemens AG Österreich, VA Tech Transmission &
Distribution GmbH & Co. KEG, Siemens Transmission &
Distribution
SA
and
Nuova
Magrini
Galileo:
EUR 10 350 000;
(Joined Cases T-122/07 to T-124/07) (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 — Effects within the
common market — Notion of continuous infringement —
Duration of the infringement — Limitation period — Fines
— Proportionality — Ceiling of 10 % of turnover — Joint
and several liability for payment of a fine — Mitigating
circumstances — Cooperation — Rights of the defence)
(2011/C 113/21)
Language of the case: German
Parties
Applicants: Siemens AG Österreich (Vienna, Austria) (Case
T-122/07); VA Tech Transmission & Distribution GmbH &
Co. KEG (Vienna) (Case T-122/07); Siemens Transmission &
Distribution Ltd (Manchester, United Kingdom) (Case
T-123/07); Siemens Transmission & Distribution SA (Grenoble,
France) (Case T-124/07); and Nuova Magrini Galileo SpA
(Bergamo,
Italy)
(Case
T-124/07)
(represented
by:
H. Wollmann and F. Urlesberger, lawyers)
Defendant: European Commission (represented by: F. Arbault
and O. Weber, and subsequently by X. Lewis and A. Antoniadis,
and finally by A. Antoniadis and R. Sauer, Agents,)
Re:
Partial annulment of Commission Decision C(2006) 6762 final
of 24 January 2007 relating to a proceeding pursuant to Article
81 EC and Article 53 EEA (Case COMP/F/38.899 — Gasisolated switchgear), and in the alternative, an application for
a reduction of the fine imposed on the applicants.
— Siemens Transmission & Distribution Ltd, jointly and severally
liable with Siemens AG Österreich and VA Tech Trans­
mission & Distribution GmbH & Co. KEG: EUR 2 250 000;
— Siemens Transmission & Distribution Ltd: EUR 9 450 000;
4. Dismisses the remainder of the actions;
5. In Case T-122/07, orders the European Commission to pay one
tenth of the costs incurred by Siemens AG Österreich and VA
Tech Transmission & Distribution GmbH & Co. KEG and one
tenth of its own costs, and orders Siemens AG Österreich and VA
Tech Transmission & Distribution GmbH & Co. KEG to pay nine
tenths of their own costs and nine tenths of the costs incurred by
the Commission;
6. In Case T-123/07, orders the Commission to pay one tenth of the
costs incurred by Siemens Transmission & Distribution Ltd and
one tenth of its own costs, and orders Siemens Transmission &
Distribution Ltd to pay nine tenths of their own costs and nine
tenths of the costs incurred by the Commission;
7. In Case T-124/07, orders the Commission to pay one fifth of the
costs incurred by Siemens Transmission & Distribution SA and
Nuova Magrini Galileo and one fifth of its own costs, and orders
Siemens Transmission & Distribution SA and Nuova Magrini
Galileo to pay four fifths of their own costs and four fifths of
the costs incurred by the Commission.
(1) OJ C 140, 23.6.2007.