14.9.2015

Official Journal of the European Union

C 302/32

(Cases T-389/10 and T-419/10) (<span class="super">1</span>)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Single, complex and continuous infringement - Limitation period - 2006 Guidelines on the method of setting fines - Imputation of liability for the infringement to the parent company - Proportionality - Principle that penalties must fit the offence - Unlimited jurisdiction))

(2015/C 302/41)

Language of the case: Italian

Parties

Applicants: Siderurgica Latina Martin SpA (SLM) (Ceprano, Italy) (represented by: G. Belotti and F. Covone, lawyers) (Case T-389/10); and Ori Martin SA (Luxembourg, Luxembourg) (represented by: P. Ziotti, lawyer) (Case T-419/10)

Defendant: European Commission (represented initially by B. Gencarelli, V. Bottka and P. Rossi, and subsequently by V. Bottka, P. Rossi and G. Conte, Agents)

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:

1.Joins Cases T-389/10 and T-419/10 for the purposes of the judgment;

2.Annuls Article 1(16) of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011, in so far as it finds that Siderurgica Latina Martin SpA (SLM) participated in a series of agreements and commercial practices in the prestressing steel sector in the internal market and within the European Economic Area (EEA) from 10 February 1997 to 14 April 1997;

3.Annuls Article 2(16) of Decision C(2010) 4387 final, as amended by Decision C(2010) 6676 final and by Decision C(2011) 2269 final;

4.Reduces the fine imposed on SLM from EUR 19,8 million to EUR 19 million, of which the amount of EUR 13,3 million is imposed on a joint and several basis with Ori Martin SA; on account of the legal maximum of 10 % of total turnover provided for in Article 23(2) of Regulation (EC) No 1/2003, the final amount of the fine to be imposed on SLM is set at EUR 1,956 million;

5.Dismisses the actions as to the remainder;

6.Orders the Commission to bear its own costs and to pay two thirds of the costs of SLM and one third of the costs of Ori Martin;

7.Orders SLM to bear one third of its own costs;

8.Orders Ori Martin to bear two thirds of its own costs.

(<span class="super">1</span>) OJ C 301, 6.11.2010.