Judgments (Information) nº T-375/10 of The General Court, September 16, 2013

• Resolution Date: September 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-375/10

Judgment of the General Court (Fourth Chamber) of 16 September 2013 —Hansa Metallwerke and Others v Commission (Case T‑375/10)

Competition — Agreements, decisions and concerted parties — Bathroom fittings and fixtures markets in Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Cooperation during the administration procedure — 2002 Leniency Notice — Reduction of the fine — 2006 Guidelines on the method of setting fines — Non-retroactivity

1. Competition — Fines — Amount — Determination — Discretion of the Commission — Judicial review — Unlimited jurisdiction of the EU judicature — Scope — Account taken of the Guidelines on the method of setting fines — Limits — Compliance with general legal principles (Arts 261 TFEU and 263 TFEU; Council Regulation No 1/2003, Art. 31; Commission Notice 2006/C 210/02) (see paras 42, 206-209)

2. EU law — General principles of law — Legal certainty — Principle that penalties must have a proper legal basis — Scope (Charter of Fundamental Rights of the European Union, Art. 49(1)) (see paras 49-52)

3. Competition — Fines — Amount — Determination — Legal context — Article 23(2) and (3) of Regulation No 1/2003 — Discretion conferred on the Commission by that article — Introduction by the Commission of guidelines for the calculation of fines — No infringement of the principle that penalties should have a legal basis or of the principle of legal certainty (Art. 101(1) TFEU; Charter of Fundamental Rights of the European Union, Art. 49(1); Council Regulation No 1/2003, Art. 23(2) and (3); Commission Notice 2006/C 210/02) (see paras 53-56, 60-70)

4. Competition — Fines — Amount — Determination — Maximum amount — Calculation — Distinction between the final amount and the intermediate amount of the fine — Consequences (Council Regulation No 1/2003, Art. 23(2), second para.) (see paras 72-76)

5. Competition — Fines — Amount — Determination — Method of calculation laid down by the guidelines drawn up by the Commission — Calculation of the basic amount of the fine — Account taken of the characteristics of the infringement as a whole — Account taken of objective factors relating to the situation of each undertaking — Principle that penalties should be individual to the offender — Scope — Limits (Art. 101(1) TFEU; Council Regulation No 1/2003,...