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2013-7 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0349 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-287/11 P European Commission V Aalberts Industries NV and Others (Appeal - Agreements, decisions and concerted practices - European market - Copper and copper alloy fittings sector - Commission decision - Finding of an infringement of Article 101 TFEU - Fines - Single, complex and continuous infringement - Cessation of the infringement - Continuation of the infringement by certain participants - Repeated infringement) Summary - Judgment of the Court (Third Chamber), 4 July 2013 1. Competition - subsidiaries economic unit - European Union rules - Infringements Economic unit - Criteria for assessment - Failure by the General Cour to examine - Attribution - Parent company and - Challenge to the classification as an that plea in law - Error of law (Art. 81 EC) 2. Appeals - Grounds - Grounds for a judgment vitiated by an infringement of EU law - Operative part well founded for other legal reasons - Rejection (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) 3. Appeals - Grounds - Review by the Court of the assessment of the facts and evidence - Possible only where the clear sense of the evidence has been distorted - Ground of appeal alleging distortion of the clear sense of the evidence - Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Arts. 51, first para., and 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) 4. Agreements, decisions and concerted practices - Prohibition - Infringements - Agreements and concerted practices constituting a single infringement - Attribution of liability to an undertaking for the entire infringement - Conditions (Art. 81(1) EC) 1. In competition law, the conduct of a subsidiary may be attributed to the parent company in particular where that subsidiary, despite having a separate legal personality, does not decide independently upon its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company, regard being had in particular to the economic, organisational and legal links between those two legal entities. ECLJ:EU:C:2013:4451 1

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