Official Journal of the European Union

(Case C-516/06 P) (<span class="super">1</span>)

(Appeal - Competition - Commission decision - Fine - Enforcement - Regulation (EEC) No 2988/74 - Limitation period - Acts adversely affecting a party - Inadmissibility)

(2008/C 22/24)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: V. Di Bucci and F. Amato, Agents)

Other party to the proceedings: Ferriere Nord SpA (represented by: W. Viscardini and G. Donà, avvocati)

Re:

Appeal against the judgment of the Court of First Instance of 27 September 2006 in Case T-153/04 Ferriere Nord SpA v Commission by which the Court of First Instance annulled the Commission decisions notified by letter of 5 February 2004 and by facsimile of 13 April 2004 concerning the outstanding balance of the fine imposed on the applicant by Commission Decision 89/515/EEC of 2 August 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.553 — Welded steel mesh)

Operative part of the judgment

The Court:

1.Sets aside the judgment of the Court of First Instance of the European Communities of 27 September 2006 in Case T-153/04 Ferriere Nord v Commission;

2.Declares the action for annulment brought by Ferriere Nord SpA against the decisions of the Commission of the European Communities notified by letter of 5 February 2004 and by fax of 13 April 2004 concerning the outstanding balance of the fine imposed on Ferriere Nord SpA by Commission Decision 89/515/EEC of 2 August 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.553 — Welded steel mesh) inadmissible.

3.Orders Ferriere Nord SpA to pay the costs of both sets of proceedings.

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(<span class="super">1</span>) OJ C 42, 24.2.2007.