# C_2017392EN.01000301.xml

| 20.11.2017 | EN | Official Journal of the European Union | C 392/3 |
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20.11.2017

EN

Official Journal of the European Union

C 392/3

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Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) v European Commission

(Joined Cases C-86/15 P and C-87/15 P) (1)

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((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))

(2017/C 392/03)

Language of the case: Italian

Parties

Parties

Appellants: Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) (represented by: D.M. Fosselard, avocat, D. Slater, Solicitor, and A. Duron, avocate)

Appellants:

Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by P. Manzini, avvocato)

Other party to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgments of the General Court of the European Union of 9 December 2014, Ferriera Valsabbia and Valsabbia Investimenti v Commission (T-92/10, not published, EU:T:2014:1032), and of 9 December 2014, Alfa Acciai v Commission (T-85/10, not published, EU:T:2014:1037); |
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1.

Sets aside the judgments of the General Court of the European Union of 9 December 2014, Ferriera Valsabbia and Valsabbia Investimenti v Commission (T-92/10, not published, EU:T:2014:1032), and of 9 December 2014, Alfa Acciai v Commission (T-85/10, not published, EU:T:2014:1037);

Ferriera Valsabbia and Valsabbia Investimenti

Commission

Alfa Acciai

Commission

| 2. | Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA; |
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2.

Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA;

| 3. | Orders the European Commission to bear its own costs and to pay those incurred by Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA both at first instance and in the present appeals. |
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3.

Orders the European Commission to bear its own costs and to pay those incurred by Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA both at first instance and in the present appeals.

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(1)  OJ C 146, 4.5.2015.

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