Judgment of the Court (Third Chamber) of 3 May 2012 --
   Legris Industries v Commission
   (Case C-289/11 P)

   Appeal -- Competition -- Cartels -- Copper fittings and copper alloy
   fittings sector -- Commission decision finding an infringement of
   Article 81 EC -- Fines -- Parent companies and subsidiaries --
   Imputability of the unlawful conduct

   1.                     Appeals -- Grounds -- Plea submitted for the
   first time in the context of the appeal -- Inadmissibility -- Entry
   into force of the Treaty of Lisbon -- New fact warranting the late
   introduction of a head of claim based on breach of the right to a fair
   hearing -- Excluded (Art. 6(2) TEU; Charter of Fundamental Rights of
   the European Union, Art. 47; Statute of the Court of Justice, Art. 58;
   Rules of Procedure of the Court of Justice, Arts 42(2) and 113(2)) (see
   paras 33, 35, 36)

   2.                     Competition -- Rules of the Union --
   Infringements -- Attribution -- Parent company and subsidiaries --
   Unilateral conduct -- Criteria for assessment -- Presumption that a
   parent company exerts a decisive influence over its wholly-owned
   subsidiaries -- Rebuttable -- Burden of proof (Art. 101 TFEU; Council
   Regulation No 1/2003, Art. 23(2)) (see paras 45-47)

   3.                     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 (Art. 256 TFEU; Statute of the Court of Justice, Art. 58,
   first para.) (see paras 51, 53)

   Re:

   Appeal brought against the judgment of the General Court (Eighth
   Chamber) of 24 March 2011 in Case T-376/06 Legris Industries v
   Commission , by which that court dismissed the action for partial
   annulment of Commission Decision C(2006) 4180 final 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) -- Copper Fittings
   and Copper Alloy Fittings Sector -- Infringement of the right of access
   to an independent and impartial tribunal -- Imputability of the
   unlawful conduct -- Breach of the principles of equal treatment,
   personal liability and the principle that the penalty must be specific
   to the offender -- Distortion of evidence.

   Operative part

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders Legris Industries SA to pay the costs.