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Case T-90/10: Judgment of the General Court of 9 December 2014 — Ferriere Nord v Commission (Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Competence of the Commission — Rights of the defence — Finding of an infringement — Fines — Repeated infringements — Extenuating circumstances — Cooperation — Full jurisdiction)
ECLI:EU:UNKNOWN:62010TA0090
62010TA0090
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Official Journal of the European Union
C 34/24
(Case T-90/10) (<span class="super">1</span>)
((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Infringement of essential procedural requirements - Competence of the Commission - Rights of the defence - Finding of an infringement - Fines - Repeated infringements - Extenuating circumstances - Cooperation - Full jurisdiction))
(2015/C 034/27)
Language of the case: Italian
Parties
Applicant: Ferriere Nord SpA (Osoppo, Italy) (represented by: W. Viscardini and G. Donà, lawyers)
Defendant: European Commission (represented initially by R. Sauer and B. Gencarelli, and subsequently by M. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer)
Re:
Primarily, application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 [CS] (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, and in the alternative application for partial annulment of that decision and application for a reduction in the amount of the fine imposed on the applicant
Operative part of the judgment
The Court:
1.Fixes the amount of the fine imposed on Ferriere Nord SpA at EUR 3 421 440;
2.Dismisses the action as to the remainder;
3.Orders Ferriere Nord to bear its own costs and to pay three-quarters of the costs incurred by the European Commission; orders the Commission to bear one-quarter of its own costs.
(<span class="note">1</span>) OJ C 113, 1.5.2010.