Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Imputability of the infringement.

Judgment of the General Court (Eighth Chamber) of 24 March 2011 – Legris Industries v Commission (Case T-376/06) Competition – Agreements, decisions and concerted practices – Copper and copper alloy fittings sector – Decision finding an infringement of Article 81 EC – Imputability of the infringement 1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – General reference to documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 30-32) 2.                     Competition – Community rules – Infringements – Attribution – Parent company and subsidiaries – Unilateral conduct – Criteria for assessment – Presumption of decisive influence exercised by the parent company over its wholly‑owned subsidiaries – Subsidiary held by a holding company – Fact not sufficient to rebut the presumption (Art. 81(1) EC) (see paras 47-54, 58) Re: APPLICATION for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 – Fittings). Operative part The Court: 1. Dismisses the action; 2. Orders Legris Industries SA to pay the costs.