Case C-408/12 P: Judgment of the Court (Second Chamber) of 4 September 2014 — YKK Corp., YKK Holding Europe BV, YKK Stocko Fasteners GmbH v European Commission (Appeal — Agreements, decisions and c...

10.11.2014 EN Official Journal of the European Union C 395/5 2) Dismisses the action as to the remainder. 3) Orders the French Republic to pay the costs. (1) OJ C 217, 21. 7. 2012. Judgment of the Court (Second Chamber) of 4 September 2014 — YKK Corp., YKK Holding Europe BV, YKK Stocko Fasteners GmbH v European Commission (Case C-408/12 P) (1) (Appeal — Agreements, decisions and concerted practices — Markets for zip fasteners and other fasteners and for attaching machines — Successive responsibilities — Legal upper limit of the fine — Article 23(2) of Regulation No 1/2003 — Concept of ‘undertaking’ — Personal responsibility — Principle of proportionality — Deterrence multiplier) (2014/C 395/05) Language of the case: English Parties Appellants: YKK Cor., YKK Holding Europe BV, YKK Stocko Fasteners GmbH (represented by: D. Arts, W. Devroe, E. Winter and F. Miotto, avocats) Other party to the proceedings: European Commission (represented by: A. Bouquet and R. Sauer, acting as Agents) Operative part of the judgment The Court: 1. Sets asides the judgment of the General Court of the European Union in YKK and Others v Commission (EU:T:2012:322), as regards the application, for the purposes of determining the maximum amount of the fine, in the context of the cooperation in the Baseler-Wuppertaler and Amsterdamer circles on the market for metal and plastic fasteners and attaching machines, of a 10 % upper limit calculated on the basis of the YKK group turnover...