17.4.2010

EN

Official Journal of the European Union

C 100/66

(Case T-85/10)

2010/C 100/97

Language of the case: Italian

Parties

Applicant(s): Alfa Acciai SpA (Brescia, Italy) (represented by: D. Fosselard, avvocato, S. Amoruso, avvocato, L. Vitolo, avvocato)

Defendant(s): European Commission

Form of order sought

—Annulment of Commission Decision C(2009) 7492 fin. of 30 September 2009 (COMP/37.956 — reinforcing bars, re-adoption) (‘the Decision’), as supplemented and amended by the Decision of the European Commission C(2009) 9912 fin. of 8 December 2009, in so far as it declares an infringement of Article 65 CS by Alfa Acciai S.p.A and imposes a fine of EUR 7 175 million;

In the alternative:

—Annulment of Article 2 of the Decision which imposes a fine on the applicant;

In the further alternative:

—Reduction of the fine;

—An order that the defendant pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those relied on in Case T-70/10 Feralpi Holding Spa v Commission and Case T-83/10 Riva Fire Spa v Commission.

In particular, the applicant argues

Lack of authority of the Commission to impose penalties for breach of Article 65 CS once that Treaty ceased to be in force and in any event to use Articles 7(1) and 23(2) of Regulation EC No 1/2003 (1) as a legal basis.

The infringement of the rights of the defence of the applicant in the preceding administrative procedure in so far as the Commission did not send a further statement of objections but confined itself to giving notice by letter of its intention to re-adopt the Decision. The Member States were not heard and did not participate in a final hearing and it was made impossible for the applicant to state its own position in view of the re-adoption of the Decision.

Infringement of Article 65(1) CS in so far as the facts described in the Decision do not constitute a single continuing agreement.

Infringement of the Guidelines for setting fines pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003, and infringement of the principles of equality and proportionality in the assessment of the conduct of the applicant and in setting the amount of the fine.

*

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).