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Case T-91/10: Judgment of the General Court of 9 December 2014 — Lucchini v Commission (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 — Rights of the defence — Fines — Gravity and duration of the infringement — Extenuating circumstances — Taking account of an annulment judgment in a related case)

ECLI:EU:UNKNOWN:62010TA0091

62010TA0091

December 9, 2014
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Official Journal of the European Union

C 34/25

(Case T-91/10) (<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 - Rights of the defence - Fines - Gravity and duration of the infringement - Extenuating circumstances - Taking account of an annulment judgment in a related case))

(2015/C 034/28)

Language of the case: Italian

Parties

Applicant: Lucchini SpA (Milan, Italy) (represented initially by M. Delfino, J.-P. Gunther, E. Bigi, C. Breuvart and L. De Sanctis, and subsequently by J.-P Gunther, E. Bigi, C. Breuvart and D. Galli, lawyers)

Defendant: European Commission (represented initially by R. Sauer and B. Gencarelli, acting as Agents, assisted by M. Moretto, lawyer, and subsequently by M. Sauer and R. Striani, acting as Agents, assisted by M. Moretto)

Re:

Application for a declaration of the non-existence or for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, 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.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Lucchini SpA to pay the costs.

(<span class="super">1</span>) OJ C 113, 1.5.2010.

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