Judgment of the General Court (Eighth Chamber) of 24 March 2011 -
   FRA.BO v Commission

   (Case T-381/06)

   Competition - Agreements, decisions and concerted practices - Copper
   and copper alloy fittings sector - Decision finding an infringement of
   Article 81 EC - Fines - Leniency Notice - Guidelines on the method of
   setting fines - Attenuating circumstances - Immunity from fines -
   Legitimate expectations - Equal treatment

   1.                     Community law - Principles - Protection of
   legitimate expectations - Limits - Prevention of infringements of the
   competition rules - Determination of the amount of fines - Method of
   calculating fines - Discretion of the institutions - Leniency notice
   not relevant (Commission Communication 96/C 207/04) (see paras 93-94)

   2.                     Competition - Fines - Amount - Determination -
   Criteria - Reduction of the fine for cooperation of the fined
   undertaking - Conditions - Discretion of the Commission - Quality and
   usefulness of the information supplied taken into account (Commission
   Communication 96/C 207/04, Title D, Section 2) (see para. 96)

   3.                     Competition - Fines - Amount - Determination -
   Reduction of the fine in return for the cooperation of the undertaking
   concerned - Discretion of the Commission - Comparisons between the
   facts of different cases - Indicative character - Factors to be taken
   into consideration - Breach of the principle of equal treatment - None
   (Commission Communication 96/C 207/04, Title D, Section 2) (see paras
   101, 103-104)

   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), and
   also, in the alternative, for a reduction in the fine imposed on the
   applicant in that decision.

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders FRA.BO SpA to pay the costs.