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Judgment of the Court of First Instance (Fifth Chamber, extended composition) of 25 October 2007.#Riva Acciaio SpA v Commission of the European Communities.#Agreements, decisions and concerted practices - Producers of reinforcing bars - Decision establishing an infringement of Article 65 CS - Decision based on the ECSC Treaty after expiry of that treaty - Lack of competence of the Commission.#Case T-45/03.
ECLI:EU:T:2007:318
62003TJ0045
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(Case T-45/03)
Agreements, decisions and concerted practices – Producers of reinforcing bars – Decision establishing an infringement of Article 65 CS – Decision based on the ECSC Treaty after expiry of that treaty – Lack of competence of the Commission
1. ECSC – Agreements, decisions and concerted practices – Commission decision establishing an infringement of Article 65 CS after the expiry of that treaty (Art. 65(1), (4) and (5) CS; Council Regulation No 17, Arts 3 and 15(2)) (see paras 55, 57, 72-73, 77)
Re:
APPLICATION for annulment of Commission Decision C(2002) 5087 final of 17 December 2002, relating to a proceeding under Article 65 CS (Case COMP/37.956 – Reinforcing bars).
Operative part
The Court:
1.Annuls Commission Decision C(2002) 5087 final of 17 December 2002 relating to a proceeding under Article 65 CS (Case COMP/37.956 – Reinforcing bars) with regard to Riva Acciaio SpA;
2.Orders the Commission to bear its own costs and to pay those incurred by Riva Acciaio;
3.Orders the Italian Republic to bear its own costs.