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Case T-667/19: Judgment of the General Court of 9 November 2022 — Ferriere Nord v Commission (Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars — 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 — Limiting and controlling output and sales — Decision taken following the annulment of earlier decisions — New hearing held in the presence of the competition authorities of the Member States — Rights of the defence — Principle of sound administration — Reasonable period — Obligation to state reasons — Proportionality — Ne bis in idem principle — Plea of illegality — Evidence of involvement in the cartel — Aggravating circumstances — Repeated infringement — Mitigating circumstances — Equal treatment — Unlimited jurisdiction)
ECLI:EU:UNKNOWN:62019TA0667
62019TA0667
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Official Journal of the European Union
C 482/15
(Case T-667/19) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars - 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 - Limiting and controlling output and sales - Decision taken following the annulment of earlier decisions - New hearing held in the presence of the competition authorities of the Member States - Rights of the defence - Principle of sound administration - Reasonable period - Obligation to state reasons - Proportionality - Ne bis in idem principle - Plea of illegality - Evidence of involvement in the cartel - Aggravating circumstances - Repeated infringement - Mitigating circumstances - Equal treatment - Unlimited jurisdiction)
(2022/C 482/22)
Language of the case: Italian
Parties
Applicant: Ferriere Nord SpA (Osoppo, Italy) (represented by: W. Viscardini, G. Donà and B. Comparini, lawyers)
Defendant: European Commission (represented by: P. Rossi, G. Conte and C. Sjödin, acting as Agents, and by M. Moretto, lawyer)
Intervener in support of the defendant: Council of the European Union (represented by: O. Segnana and E. Ambrosini, acting as Agents)
Re:
Application under Article 263 TFEU for, primarily, annulment of Commission Decision C(2019) 4969 final of 4 July 2019 relating to a breach of Article 65 of the ECSC Treaty (Case AT.37956 — Concrete reinforcing bars) or, in the alternative, a reduction in the amount of the fine imposed on the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ferriere Nord SpA to bear its own costs and to pay those incurred by the European Commission;
3.Declares that the Council of the European Union is to bear its own costs.
(<span class="oj-super">1</span>) OJ C 399, 25.11.2019.
* * *
Language of the case: Italian