Brussels, 24/10/2013 (Agence Europe) - In its ruling in case C-510/11 P on 24 October 2013, the European Court of Justice rejected the appeal by companies in the Finnish Kone elevator and escalator company against a ruling by the Court of First Instance in case T-115/06, thus upholding the fines levied against the company by the European Commission for its involvement in an elevator and escalator cartel.
The cartel in which a number of manufacturers were involved ran from 1995 to 2004 and record fines were imposed (see EUROPE 10420, 9689 and 9371). The Kone group was, on account of its cooperation, granted immunity from fines in respect of the infringements in Belgium and Luxembourg. However, the Finnish parent company, Kone Oyj, was held jointly and severally liable with its German subsidiary Kone GmbH for a fine of €62.37 million and with its Netherlands subsidiary Kone BV for a fine of €79.75 million for infringements in Germany and the Netherlands respectively. The undertakings in the Kone group brought an action before the Court of First Instance (now the General Court) for annulment of the Commission's decision or reduction of their fines.
The Court of Justice finds that the General Court did not make an error of law in the interpretation of the Commission's 2002 Leniency Notice on company cooperation in cartel investigations and subsequent reductions in fines. (FG/transl.fl)