# C_2004239EN.01001302.xml

| 25.9.2004 | EN | Official Journal of the European Union | C 239/13 |
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25.9.2004

EN

Official Journal of the European Union

C 239/13

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2004

in Joined Cases T-67/00, T-68/00, T-7100 and T-78/00: JFE Engineering Corp and Others v Commission of the European Communities (1)

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(Cartels - Market in seamless steel tubes and pipes - EFTA - Powers of the Commission - Infringement - Fines)

(2004/C 239/27)

Language of the case: English

In Joined Cases T-67/00, T-68/00, T-7100 and T-78/00: JFE Engineering Corp., formerly NKK Corp., established in Tokyo (Japan), represented initially by M. Smith and C. Maguire, solicitors, and subsequently by A. Vandencasteele and V. Dehin, lawyers, and A.-L. Marmagioli, solicitor, with an address for service in Luxembourg, Nippon Steel Corp., established in Tokyo, represented by J.-F. Bellis and K. Van Hove, lawyers, with an address for service in Luxembourg, JFE Steel Corp., formerly Kawasaki Steel Corp., established in Tokyo, represented by A. Vandencasteele, lawyer, with an address for service in Luxembourg, Sumitomo Metal Industries Ltd, established in Tokyo, represented by C. Vajda QC, G. Sproul and F. Weitzman, solicitors, with an address for service in Luxembourg, against Commission of the European Communities (Agents: M. Erhart and A. Whelan assisted by N. Khan, barrister, with an address for service in Luxembourg), supported by EFTA Surveillance Authority (Agents: D. Sif Tynes and P Bjørgan — application for the annulment of Commission Decision 2003/382/EC of 8 December 1999 relating to a proceeding under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seamless steel tubes) (OJ 2003 L 140, p. 1) or, in the alternative, for reduction of the fines imposed on the applicants, — the Court of First Instance (Second Chamber), composed of N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, gave a judgment on 8 July 2004, in which it:

| 1. | Annuls Article 1(2) of Commission Decision 2003/382/EC of 8 December 1999 relating to a proceeding under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seamless steel tubes) in so far as it establishes the existence of the infringement found in that article against the four applicants in Cases T-67/00, T-68/00, T-71/00 and T-78/00 as pre-dating 1 January 1991 and extending beyond 30 June 1994; |
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1.

Annuls Article 1(2) of Commission Decision 2003/382/EC of 8 December 1999 relating to a proceeding under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seamless steel tubes) in so far as it establishes the existence of the infringement found in that article against the four applicants in Cases T-67/00, T-68/00, T-71/00 and T-78/00 as pre-dating 1 January 1991 and extending beyond 30 June 1994;

| 2. | Sets the fine imposed on each of the four applicants by Article 4 of Decision 2003/382 at EUR 10,935,000; |
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2.

Sets the fine imposed on each of the four applicants by Article 4 of Decision 2003/382 at EUR 10,935,000;

| 3. | Dismisses the remainder of the four applications; |
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3.

Dismisses the remainder of the four applications;

| 4. | Orders the four applicants and the Commission to bear their own costs; |
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4.

Orders the four applicants and the Commission to bear their own costs;

| 5. | Orders the EFTA Surveillance Authority to bear its own costs. |
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5.

Orders the EFTA Surveillance Authority to bear its own costs.

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(1)  OJ C 149 of 27.5.2000.

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