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Cases T-489/09, T-490/09 and T-56/10: Judgment of the General Court of 9 December 2014 — Leali and Acciaierie e Ferrieere Leali Luigi 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 — Misuse of powers and abuse of procedure — Fines — Duration of the infringement — Proportionality — Limitation period — Action for annulment — Amending decision — Inadmissibility)
ECLI:EU:UNKNOWN:62009TA0489
62009TA0489
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Official Journal of the European Union
C 34/21
(Cases T-489/09, T-490/09 and T-56/10) (<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 - Duration of the infringement - Proportionality - Limitation period - Action for annulment - Amending decision - Inadmissibility))
(2015/C 034/22)
Language of the case: Italian
Parties
Applicants: Leali SpA (Odolo, Italy) (Cases T-489/09 and T-56/10); and Acciaierie e Ferriere Leali Luigi SpA (Brescia, Italy) (Cases T-490/09 and T-56/10) (represented by: G. Belotti, lawyer)
Defendant: European Commission (represented, in Cases T-489/09 and T-490/09, initially by R. Sauer and V. Di Bucci, subsequently by R. Sauer and B. Gencarelli, and finally by R. Sauer and R. Striani, and, in Case T-56/10, initially by R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer)
Re:
In Cases T-489/09 and T-490/09, applications 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), and in the alternative, applications for a reduction in the amount of the fine imposed on the applicants, and in Case T-56/10, 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-489/09, T-490/09 et T-56/10 be joined for the purposes of the present judgment;
2.Dismisses the actions;
3.In Case T-489/09, orders Leali SpA to pay the costs;
4.In Case T-490/09, orders Acciaierie e Ferriere Leali Luigi SpA to pay the costs;
5.In Case T-56/10, orders Leali and Acciaierie e Ferriere Leali Luigi to pay the costs.
(<span class="super">1</span>) OJ C 37, 13.2.2010.