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CJEU - C 501/11 P / Opinion

Schindler Holding Ltd and Others v European Commission and Others

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:
Key facts of the case:

Schindler Holding Ltd and Others v European Commission. Appeal — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Liability of the parent company for infringements of the law on cartels committed by its subsidiary — Holding company — Internal compliance programme — Fundamental rights — Principles of the rule of law in the context of determination of the fines imposed — Separation of powers, and principles of legality, of non-retroactivity, of the protection of legitimate expectations and of fault — Regulation (EC) No 1/2003 — Article 23(2) — Validity — Legality of the 1998 Commission guidelines.

Outcome of the case:

In the light of the foregoing, I propose that the Court:

(1) dismisses the appeal;

(2) orders the appellants jointly and severally to pay all the costs.