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Case C-352/09 P: Judgment of the Court (Grand Chamber) of 29 March 2011 — ThyssenKrupp Nirosta GmbH, formerly ThyssenKrupp Stainless AG v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Community market in stainless steel flat products — 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 — Principles of nulla poena sine lege and res judicata — Rights of the defence — Attributability of the unlawful conduct — Transfer of liability by means of a statement — Limitation period — Cooperation during the administrative procedure)
ECLI:EU:UNKNOWN:62009CA0352
62009CA0352
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21.5.2011
Official Journal of the European Union
C 152/4
(Case C-352/09 P) (<span class="super">1</span>)
(Appeals - Competition - Agreements, decisions and concerted practices - Community market in stainless steel flat products - 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 - Principles of nulla poena sine lege and res judicata - Rights of the defence - Attributability of the unlawful conduct - Transfer of liability by means of a statement - Limitation period - Cooperation during the administrative procedure)
2011/C 152/06
Language of the case: German
Parties
Appellant: ThyssenKrupp Nirosta GmbH, formerly ThyssenKrupp Stainless AG (represented by: M. Klusmann, Rechtsanwalt, and S. Thomas, Universitätsprofessor)
Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and R. Sauer, Agents)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 1 July 2009 in Case T-24/07 ThyssenKrupp Stainless v Commission, by which the Court of First Instance dismissed the action for annulment of the Commission Decision of 20 December 2006 relating to a proceeding under Article 65 CS and, in the alternative, the application for reduction of the fine imposed on the applicant by that decision — Cartel on the market for stainless steel flat products — Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty, pursuant to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1) — Infringement of nulla poena sine lege and res judicata principles and of Articles 5, 7(1) and 83 EC — Infringement of applicable rules concerning time-bar for proceedings
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders ThyssenKrupp Nirosta GmbH to pay the costs.
(<span class="super">1</span>) OJ C 282, 21.11.2009.