Judgment of the Court (Third Chamber) of 19 July 2012 --
   Kaimer and Others v Commission
   (Case C-264/11 P)

   Appeal -- Competition -- Agreements, decisions and concerted
   practices -- Penalty -- Copper and copper alloy fittings sector --
   Probative value of statements made in the context of the leniency
   policy

   1.                     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 -- Assessment of whether the
   evidence has been distorted in the context of cartel cases (Art. 81(1)
   EC; Art. 256 TFEU; Statute of the Court of Justice, Art. 58(1)) (see
   paras 22-24, 31)

   2.                     Appeals -- Grounds -- Mistaken assessment of the
   facts -- Inadmissibility -- Review by the Court of the findings of
   fact -- Possible only where the clear sense of the evidence has been
   distorted -- Assessment made by the General Court of the probative
   value of the statements of a leniency applicant -- Issue of fact
   (Art. 81(1) EC; Art. 256 TFEU; Statute of the Court of Justice,
   Art. 58(1)) (see paras 45-47)

   3.                     Appeals -- Grounds -- Necessity of a specific
   challenge to a point in the General Court's reasoning (Art. 256 TFEU;
   Statute of the Court of Justice, Art. 58(1); Rules of Procedure of the
   Court of Justice, Art. 112(1)(1)(c)) (see para. 61)

   4.                     Appeals -- Grounds -- Plea submitted for the
   first time in the context of the appeal -- Inadmissibility (Rules of
   Procedure of the Court of Justice, Art. 113(2)) (see para. 65)

   Re:

   Appeal brought against the judgment of the General Court (Eighth
   Chamber) of 24 March 2011 in Case T-379/06 Kaimer and Others v
   Commission , by which the General Court dismissed in part the
   appellants' action for annulment of Commission Decision C(2006) 4180
   final of 20 September 2006 relating to a proceeding under Article 81 of
   the EC Treaty and Article 53 of the EEA Agreement concerning a cartel
   in the copper and copper alloy fittings sector or, in the alternative,
   for a reduction in the fine imposed on the appellants -- Distortion of
   the evidence -- Error of assessment regarding the probative value of
   statements made in the context of the leniency policy -- Infringement
   of Articles 6 and 47 of the Charter of Fundamental Rights of the
   European Union

   Operative part

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders Kaimer GmbH & Co. Holding KG, Sanha Kaimer GmbH & Co. KG and
   Sanha Italia Srl to pay the costs.