Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022 – Alfa Acciai v Commission

(Case T‑656/19) ( )

(Competition – Agreements, decisions and concerted practices – Market for reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision adopted following the annulment of earlier decisions – New hearing in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons)

1. Action for annulment – Judgment annulling a measure – Effects – Obligation to adopt measures implementing the judgment – Scope – Both the operative part and the grounds of the judgment to be taken into account – Adoption of a new measure on the basis of earlier preparatory measures – Whether permissible

(Art. 266(1) TFEU)

(see paragraphs 45-49, 103, 104)

2. Competition – Administrative procedure – Advisory Committee on Restrictive Practices and Dominant Positions – Obligation to consult – Essential procedural requirement – Scope

(Arts 101 and 102 TFEU; Council Regulation No 1/2003, Art. 14)

(see paragraphs 52-54)

3. Competition – Administrative procedure – Advisory Committee on Restrictive Practices and Dominant Positions – Obligation to consult – Annulment of the decision finding an infringement – Reopening of the procedure at the stage at which the irregularity was found to have occurred – Fresh consultation of the Advisory Committee – Impartiality of the representatives of the competition authorities sitting on the Advisory Committee

(Arts 101 and 102 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(1); Council Regulation No 1/2003, Art. 14)

(see paragraphs 56-59, 61-64)

4. Competition – Administrative procedure – Observance of the rights of the defence – Hearing of undertakings – Right to a collective hearing of undertakings which have received a statement of objections – No such right

(Council Regulation No 1/2003, Art. 27; Commission Regulation No 773/2004, Art. 14(6))

(see paragraphs 67-70)

5. Competition – Administrative procedure – Observance of the rights of the defence – Hearing of undertakings – Annulment of the decision finding an infringement – Reopening of the procedure at the stage at which the irregularity was found to have occurred – New hearing of undertakings – Obligation to invite other entities which have not expressed an interest in participating in this new hearing – No such obligation – Obligation to make public the decision to hold a new hearing – No such obligation

(Charter of Fundamental Rights of the European Union, Art. 41(1); Council Regulation No 1/2003, Art. 27; Commission Regulation No 773/2004, Arts 12 and 13(1) to (3))

(see paragraphs 75-102, 105-121, 133-139)

6. Competition – Administrative procedure – Obligations of the Commission – Duty to act within a reasonable time – Annulment of the decision finding an infringement – Reopening of the procedure at the stage at which the irregularity was found to have occurred – Reopening preceded by an analysis of its compatibility with the reasonable time principle – Infringement of the reasonable time limit – No such infringement

(Charter of Fundamental Rights of the European Union, Art. 41)

(see paragraphs 143-145, 149-173, 176, 177)

7. Competition – Administrative procedure – Obligations of the Commission – Duty to act within a reasonable time – Infringement – Consequences – Annulment of the decision finding an infringement because of the procedure’s excessive duration – Condition – Harm to the rights of defence of the undertakings concerned

(Arts 101 and 102 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(1))

(see paragraphs 180, 181, 185-201, 204-213, 216-221)

8. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to apply competition rules – Decision finding an infringement adopted after annulment of a previous decision having the same purpose – Decision showing the reasoning used to justify the adoption of a new decision

(Arts 101 and 102 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(1); Council Regulation No 1/2003, Art. 23(2))

(see paragraphs 225-230, 233-237, 239-243)

9. Judicial proceedings – Application initiating proceedings – Formal requirements – Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – Inadmissibility

(Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d) and (e))

(see paragraphs 269-271)

Operative part

The Court:

1. Dismisses the action;