Official Journal of the European Union

C 34/20

(Cases T-472/09 and T-55/10) (<span class="super">1</span>)

((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Infringement of essential procedural requirements - Legal basis - Misuse of powers and abuse of procedure - Fines - Ceiling laid down by Article 23(2) of Regulation No 1/2003 - Action for annulment - Amending decision - Inadmissibility))

(2015/C 034/21)

Language of the case: Italian

Parties

Applicant: SP SpA (Brescia, Italy) (represented by: G. Belotti, lawyer)

Defendant: European Commission (represented, in Case T-472/09, initially by R. Sauer, V. Di Bucci and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer, and in Case T-55/10, initially by R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, assisted by M. Moretto)

Re:

In Case T-472/09, application for a declaration of the non-existence or for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption), in the alternative, application for annulment of Article 2 of that decision, and in the further alternative, application for a reduction in the amount of the fine imposed on the applicant, and in Case T-55/10, application for annulment of Commission Decision C(2009) 9912 final of 8 December 2009, amending Decision C(2009) 7492 final.

Operative part of the judgment

The Court:

1.Orders that Cases T-472/09 and T-55/10 be joined for the purposes of the judgment;

2.In Case T-472/09, SP v Commission:

—Annuls Article 2 of Commission Decision C(2009) 7492 final of 30 September 2009, relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption) in so far as it imposes a fine of EUR 14,35 million jointly and severally on SP SpA;

—Dismisses the action as to the remainder;

—Orders SP to bear half of its own costs;

—Orders the Commission to bear its own costs and to pay half of the costs incurred by SP;

3.In Case T-55/10, SP v Commission:

—Dismisses the action;

—Orders SP to pay the costs.

(<span class="super">1</span>) OJ C 24, 30.1.2010.