Judgment_paragraph 281 · General Technic-Otis Sàrl, General Technic Sàrl, Otis SA and Others and United Technologies Corporation v European Commission (T-141/07, T-142/07, T-145/07, T-146/07)

281In the first place, the applicants in Case T‑145/07 maintain that the Commission violated the 2002 Leniency Notice since Otis had fulfilled the conditions for obtaining immunity from fines under point 8(b) of the notice. The Commission informed Otis [confidential] that immunity under the 2002 Leniency Notice was still available for Germany and that it might be granted conditional immunity. However, the application for immunity was rejected [confidential]. Contrary to the Commission’s view, the evidence, explanations and information with which Otis provided it before [confidential] enabled the Commission to find an infringement of Article 81 EC under point 8(b) of the notice.