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Case T-405/06: Judgment of the Court of First Instance of 31 March 2009 — ArcelorMittal Luxembourg and Others v Commission (Competition — Agreements, decisions and concerted practices — Community market in beams — Decision establishing an infringement of Article 65 CS, after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Competence of the Commission — Liability for the infringement — Limitation — Rights of the defence)
ECLI:EU:UNKNOWN:62006TA0405
62006TA0405
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16.5.2009
Official Journal of the European Union
C 113/33
(Case T-405/06)
(Competition - Agreements, decisions and concerted practices - Community market in beams - Decision establishing an infringement of Article 65 CS, after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Competence of the Commission - Liability for the infringement - Limitation - Rights of the defence)
2009/C 113/66
Language of the case: French
Parties
Applicants: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA (Luxembourg, Luxembourg); ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA (Esch-sur-Alzette, Luxembourg); and ArcelorMittel International SA, formerly Arcelor International SA (Luxembourg) (represented by: A. Vandencasteele, lawyer)
Defendants: Commission of the European Communities (represented by: X. Lewis and F. Arbault, Agents)
Re:
Annulment of Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 — Steel beams).
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 — Steel beams) inasmuch as it concerns ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA;
2.Dismisses the action as unfounded as to the remainder;
3.Orders, in so far as the present case is between them, the Commission to pay, in addition its own expenses, the costs incurred by ArcelorMittal Belval & Differdange and ArcelorMittal International;
4.Orders, in so far as the present case is between them, ArcelorMittal Luxembourg SA to pay, in addition to its own costs, the costs incurred by the Commission.
(<span class="super">1</span>) OJ C 42, 24.2.2007.