Judgment of the Court of First Instance 13 December 2001 in Joined Cases T-45/98 and T-47/98: Krupp Thyssens Stainless GmbH et Acciai speciali Terni SpA v Commission of the European Communities (ECSC Treaty — Competition — Agreements, decisions and concerted practices — Alloy surcharge — Price fixing — Rights of the defence — Duration of the infringement — Fine — Guidelines on the method of setting fines — Cooperation during the administrative procedure — Principle of equal treatment)
Date: 2002-04-06
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), fine, iron and steel industry

6.4.2002

EN

Official Journal of the European Communities

C 84/55

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

13 December 2001

in Joined Cases T-45/98 and T-47/98: Krupp Thyssens
Stainless GmbH et Acciai speciali Terni SpA v Com-
mission of the European Communities (1)

(ECSC Treaty — Competition — Agreements, decisions and
concerted practices — Alloy surcharge — Price fixing —
Rights of the defence — Duration of the infringement —
Fine — Guidelines on the method of setting fines —
Cooperation during the administrative procedure — Prin-
ciple of equal treatment)

4.

5.

6.

For the rest, dismisses the applications in Cases T-45/98 and
T-47/98 in all other respects;

In case T-45/98, orders Krupp Thyssen Stainless GmbH and
the Commission to bear their own costs;

In case T-47/98, orders Acciai Speciali Terni SpA to bear its
own costs and to pay two-thirds of those of the Commission
and orders the Commission to bear one-third of its own costs.

(1) OJ C 166 of 30.5.1998 and C 151 of 16.5.1998.

(2002/C 84/101)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Language of the case: German and Italian)

In Joined Cases T-45/98 and T-47/98, Krupp Thyssen Stainless
GmbH, established in Duisberg, Germany, represented by
M. Klusmann, O. Lieberknecht and K. Moosecker, lawyers,
with an address for service in Luxembourg, Acciai Speciali
Terni SpA, established in Terni, Italy, represented by L. G. Radi-
cato di Brozolo,
lawyer, with an address for service in
Luxembourg applicants, v Commission of the European Com-
munities, represented by W. Wils and K. Leivo, acting as
Agents, assisted by H.-J. Freund and A. dal Ferro, lawyers, with
an address for service in Luxembourg: application for the
annulment of Commission Decision 98/247/ECSC of 21 Janu-
ary 1998 relating to a proceeding under Article 65 of the
ECSC Treaty (Case IV/35.814 — Alloy Surcharge) (OJ 1998
L 100, p. 55), the Court of First Instance (First Chamber),
composed of: B. Vesterdorf, President, M. Vilaras and N.J. For-
wood, Judges, Registrar: G. Herzig, has given a judgment on
13 December 2001, in which it has ruled:

1.

Joins Cases T-45/98 and T-47/98 for the purposes of the
judgment;

2. Annuls Article 1 of Decision 98/247/ECSC of 21 January
1998 relating to a proceeding under Article 65 of the ECSC
Treaty (Case IV/35.814 — Alloy Surcharge) in so far as it
attributes to Krupp Thyssen Nirosta GmbH responsibility for
the infringement committed by Thyssen Stahl AG;

13 December 2001

in Case T-48/98: Compan˜ ia espan˜ ola para la fabricacio´ n
de aceros inoxidables, SA (Acerinox) v Commission of
the European Communities (1)

(ECSC Treaty — Competition — Agreements, decisions and
concerted practices — Alloy surcharge — Price fixing —
Burden of proof — Duration of the infringement — Fine —
Guidelines on the method of setting fines — Cooperation
during the administrative procedure — Principle of equal
treatment)

(2002/C 84/102)

(Language of the case: English)

In Case T-48/98, Compan˜ ı´a Espan˜ ola para la Fabricacio´ n de
Aceros Inoxidables SA (Acerinox), established in Madrid,
Spain, represented by A. Vandencasteele and D. Waelbroeck,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities, represented by W. Wils
and K. Leivo, acting as Agents, with an address for service in
Luxembourg: Application for the annulment of Commission
Decision 98/247/ECSC of 21 January 1998 relating to a
proceeding under Article 65 of
the ECSC Treaty (Case
IV/35.814 — Alloy Surcharge)
(OJ 1998 L 100, p. 55),
the Court of First Instance (First Chamber), composed of:
B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges,
Registrar: G. Herzig, Administrator, has given a judgment on
13 December 2001, in which it has ruled:

3.

Sets the amount of the fines imposed on Krupp Thyssen Nirosta
GmbH and Acciai Speciali Terni SpA by Article 2 of Decision
98/247 at EUR 4 032 000;

1.

Sets the amount of the fine imposed on Compan˜ ı´a Espan˜ ola
para
SA at
de Aceros
la
EUR 3 136 000;

Fabricacio´n

Inoxidables