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Joined Cases C-201/09 P and C-216/09 P: Judgment of the Court (Grand Chamber) of 29 March 2011 — ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA v European Commission, ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA, formerly Arcelor International SA (C-201/09 P), European Commission v ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA, ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA (C-216/09 P) (Appeals — Competition — Agreements, decisions and concerted practices — Community market in steel beams — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Powers of the Commission — Attributability of the unlawful conduct — Res judicata — Rights of the defence — Limitation period — Suspension of the limitation period — Effect erga omnes or inter partes — No statement of reasons)
ECLI:EU:UNKNOWN:62009CA0201
62009CA0201
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Official Journal of the European Union
C 173/2
(Joined Cases C-201/09 P and C-216/09 P) (<span class="super">1</span>)
(Appeals - Competition - Agreements, decisions and concerted practices - Community market in steel beams - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Powers of the Commission - Attributability of the unlawful conduct - Res judicata - Rights of the defence - Limitation period - Suspension of the limitation period - Effect erga omnes or inter partes - No statement of reasons)
2011/C 173/02
Language of the case: French
Parties
Appellant: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA (represented by: A. Vandencasteele and C. Falmagne, avocats)
Other parties to the proceedings: European Commission (represented by: F. Castillo de la Torre and E. Gippini Fournier, acting as Agents), ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA, formerly Arcelor International SA
Appellant: European Commission (represented by: F. Castillo de la Torre, X. Lewis and E. Gippini Fournier, acting as Agents)
Other parties to the proceedings: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA, ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA, formerly Arcelor International SA (represented by: A. Vandencasteele, avocat)
Re:
Appeals — Competition — Community market in steel beams — Agreements fixing prices in the beams sector – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Powers of the Commission — Attributability of the unlawful conduct — Principle that penalties must fit the offence and principle of res judicata — Rules on limitation periods — Suspension of the limitation period
Operative part of the judgment
The Court:
1.Dismisses the appeals;
2.Orders ArcelorMittal Luxembourg SA to bear its own costs and to pay those incurred by the European Commission in relation to the appeal in Case C-201/09 P;
3.Orders the European Commission, ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA to bear their own costs in relation to the appeal in Case C-216/09 P.
(<span class="super">1</span>) OJ C 205, 29.8.2009.