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Case C-440/19 P: Judgment of the Court (Fourth Chamber) of 18 March 2021 — Pometon SpA v European Commission (Appeal — Agreements, decisions and concerted practices — European steel abrasives market — Participation in bilateral and multilateral contacts with the aim of coordinating prices throughout the European Economic Area (EEA) — ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure — Charter of Fundamental Rights of the European Union — Article 41 — Principle of impartiality of the European Commission — Article 48 — Presumption of innocence — Obligation to state reasons — Single and continuous infringement — Duration of the infringement — Equal treatment — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62019CA0440
62019CA0440
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10.5.2021
Official Journal of the European Union
C 182/6
(Case C-440/19 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Agreements, decisions and concerted practices - European steel abrasives market - Participation in bilateral and multilateral contacts with the aim of coordinating prices throughout the European Economic Area (EEA) - ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure - Charter of Fundamental Rights of the European Union - Article 41 - Principle of impartiality of the European Commission - Article 48 - Presumption of innocence - Obligation to state reasons - Single and continuous infringement - Duration of the infringement - Equal treatment - Unlimited jurisdiction)
(2021/C 182/08)
Language of the case: Italian
Parties
Appellant: Pometon SpA (represented by: E. Fabrizi, V. Veneziano and A. Molinaro, avvocati)
Other party to the proceedings: European Commission (represented: initially by P. Rossi and T. Vecchi, and subsequently by P. Rossi and C. Sjödin, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside paragraphs 2 and 4 of the operative part of the judgment of the General Court of the European Union of 28 March 2019, Pometon v Commission (T-433/16, EU:T:2019:201);
2.Dismisses the appeal as to the remainder;
3.Sets the amount of the fine imposed on Pometon SpA in Article 2 of Commission Decision C(2016) 3121 final of 25 May 2016 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39792 — Steel Abrasives) at EUR 2 633 895;
4.Orders Pometon SpA and the European Commission to bear their own costs relating to the appeal proceedings and the proceedings at first instance.
* Language of the case: English.
(1) OJ C 255, 29.7.2019.
ECLI:EU:C:2021:140