# C_2011173EN.01000201.xml

| 11.6.2011 | EN | Official Journal of the European Union | C 173/2 |
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11.6.2011

EN

Official Journal of the European Union

C 173/2

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Judgment of the Court (Grand Chamber) of 29 March 2011 — ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA v European Commission, ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA, formerly Arcelor International SA (C-201/09 P), European Commission v ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA, ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA (C-216/09 P)

(Joined Cases C-201/09 P and C-216/09 P) (1)

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(Appeals - Competition - Agreements, decisions and concerted practices - Community market in steel beams - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Powers of the Commission - Attributability of the unlawful conduct - Res judicata - Rights of the defence - Limitation period - Suspension of the limitation period - Effect erga omnes or inter partes - No statement of reasons)

2011/C 173/02

Language of the case: French

Parties

Parties

(C-201/09 P)

(C-201/09 P)

Appellant: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA (represented by: A. Vandencasteele and C. Falmagne, avocats)

Appellant:

Other parties to the proceedings: European Commission (represented by: F. Castillo de la Torre and E. Gippini Fournier, acting as Agents), ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA, formerly Arcelor International SA

Other parties to the proceedings:

(C-216/09 P)

(C-216/09 P)

Appellant: European Commission (represented by: F. Castillo de la Torre, X. Lewis and E. Gippini Fournier, acting as Agents)

Appellant:

Other parties to the proceedings: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA, ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA, ArcelorMittal International SA, formerly Arcelor International SA (represented by: A. Vandencasteele, avocat)

Other parties to the proceedings:

Re:

Re:

Appeals — Competition — Community market in steel beams — Agreements fixing prices in the beams sector – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Powers of the Commission — Attributability of the unlawful conduct — Principle that penalties must fit the offence and principle of res judicata — Rules on limitation periods — Suspension of the limitation period

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeals; |
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1.

Dismisses the appeals;

| 2. | Orders ArcelorMittal Luxembourg SA to bear its own costs and to pay those incurred by the European Commission in relation to the appeal in Case C-201/09 P; |
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2.

Orders ArcelorMittal Luxembourg SA to bear its own costs and to pay those incurred by the European Commission in relation to the appeal in Case C-201/09 P;

| 3. | Orders the European Commission, ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA to bear their own costs in relation to the appeal in Case C-216/09 P. |
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3.

Orders the European Commission, ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA to bear their own costs in relation to the appeal in Case C-216/09 P.

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(1)  OJ C 205, 29.8.2009.

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