EuG · T-11/05

Subject of the case Operative part Subject of the case Re: APPLICATION, first, for annulment of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 – Copper plumbing tubes); second, in the alternative, for reduction of the fines imposed on the applicants by that decision; and third, by way of counterclaim by the Commission, for those fines to be increased. Operative part Operative part The Court: 1. Dismisses the action; 2. Dismisses the European Commission’s counterclaim; 3. Orders Wieland-Werke AG, Buntmetall Amstetten GmbH and Austria Buntmetall AG to bear their own costs and to pay 90% of the costs incurred by the Commission; 4. Orders the Commission to bear 10% of its own costs; 5. Orders the Council of the European Union to bear its own costs.