Judgment — ECLI:EU:T:2014:1035
Date: 2014-12-09
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Action for damages - successful
Origin: Italy

summary of the pleas in law on which the application is based — Similar requirements for claims invoked in support of a plea (Rules of Procedure of the General Court, Art. 44(1)) (see paras 378, 379) 32. Competition — Fines — Amount — Determination — Criteria — Reduction of the amount of the fine for cooperation of the undertaking concerned — Conditions — Discretion of the Commission — Judicial review — Scope — Manifest exceeding of the Commission’s discretion (Council Regulation No 1/2003, Art. 23(2); Commission Notice 96/C 207/04) (see paras 386-396) 33. Competition — Fines — Amount — Determination — Non-imposition or reduction of the fine in return for the cooperation of the undertaking concerned — First undertaking having provided decisive evidence, capable of being used as primary evidential basis — No condition relating to the sufficiency of the evidence adduced (Council Regulation No 1/2003, Art. 23(2); Commission Notice 96/C 207/04, point B(b)) (see paras 401-405) 34. Competition — Fines — Amount — Determination — Non-imposition or reduction of the fine for cooperation of the undertaking concerned — Need for conduct which facilitated the Commission’s finding of an infringement — Discretion of the Commission — Challenge to the factual allegations — No facilitation (Council Regulation No 1/2003, Art. 23(2); Commission Notice 96/C 207/04, point D) (see paras 411-415) Re: Primarily, application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 [CS] (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, and in the alternative application for partial annulment of that decision and application for a reduction in the amount of the fine imposed on the applicant. Operative part The Court: 1. Fixes the amount of the fine imposed on Ferriere Nord SpA at EUR 3 421 440; 2. Dismisses the action as to the remainder; 3. Orders Ferriere Nord to bear its own costs and to pay three-quarters of the costs incurred by the European Commission; orders the Commission to bear one-quarter of its own costs.