Judgment of the Court of First Instance 13 December 2001 in Case T-48/98: Compañia española para la fabricación de aceros inoxidables, SA (Acerinox) v Commission of the European Communities (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)
Date: 2002-04-06
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), competition law, public sector, steel

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

C 84/56

EN

Official Journal of the European Communities

6.4.2002

2.

For the rest, dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders Compan˜ ı´a Espan˜ ola para la Fabricacio´n de Aceros
Inoxidables SA to bear its own costs and to pay two-thirds of
the Commission’s costs and orders the Commission to bear one-
third of its own costs.

(1) OJ C 137 of 2.5.1998.

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 December 2001

in Case T-191/99: David Petrie and Others v Commission
of the European Communities (1)

(Transparency — Public access to documents — Commission
Decision 94/90/ECSC, EC, Euratom — Proceedings for
failure to fulfil obligations — Formal notice — Reasoned
opinion — Exception relating to protection of the public
interest — Inspections and investigations — Court proceed-
ings — Authorship rule — Direct effect of Article 255 EC)

(2002/C 84/103)

(Language of the case: Italian)

In Case T-191/99, David Petrie, Victoria Jane Primhak and
David Verzoni, residing respectively in Verona, Naples and
Bologna (Italy), Associazione lettori di lingua straniera in Italia,
incorporating Committee for the Defence of Foreign Lecturers
(ALLSI/CDFL), established in Verona, represented by L. Picotti
and C. Medernach, avocats, with an address for service in
Luxembourg, v Commission of the European Communities,
represented by P. Stancanelli and U. Wölker, acting as Agents,
with an address for service in Luxembourg: application for the
annulment of the Commission decision of 20 July 1999
refusing access to documents relating to Infringement Pro-
cedure No 96/2208 brought under Article 226 EC against the
foreign-
Italian Republic and concerning the situation of
language lecturers employed in Italian universities, the Court
of First Instance (Fourth Chamber, Extended Composition),
composed of: P. Mengozzi, President, R. Garcı´a-Valdecasas,
V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges, Registrar:
J. Palacio Gonza´lez, Administrator, has given a judgment on
11 December 2001, in which it has ruled:

1. Dismisses the action;

2. Orders the applicants to pay the defendant’s costs in addition

to their own costs.

(1) OJ C 314 of 30.10.1999.

6 December 2001

in Case T-196/99: Area Cova SA e.a. v Council of the
European Union and Commission of the European Com-
munities (1)

(Action for compensation — Non-contractual liability —
Fisheries — Conservation of marine resources — Convention
on Future Multilateral Cooperation in the North-West Atlan-
tic Fisheries — Greenland halibut — Catch quota allocated
to the Community fleet)

(2002/C 84/104)

(Language of the case: Spanish)

In Case T-196/99, Area Cova, SA, established in Vigo (Spain),
Armadora José Pereira, SA, established in Vigo, Armadores
Pesqueros de Alda´n, SA, established in Vigo, Centropesca, SA,
established in Vigo, Chymar, SA, established in Vigo, Eloymar,
SA, established in Estribela (Spain), Exfaumar, SA, established
in Bueu (Spain), Farpespan, SL, established in Moan˜ a (Spain),
Freiremar, SA, established in Vigo, Hermanos Gando´ n, SA,
established in Cangas (Spain), Heroya, SA, established in Vigo,
Hiopesca, SA, established in Vigo, José Pereira e Hijos, SA,
established in Vigo, Juana Oya Pérez, residing in Vigo, Manuel
Nores Gonza´lez, residing in Marı´n (Spain), Moradin˜ a, SA,
established in Cangas, Navales Cerdeiras, SL, established in
Camarin˜ as (Spain), Nugago Pesca, SA, established in Bueu,
Pesquera Austral, SA, established in Vigo, Pescaberbés, SA,
established in Vigo, Pesquerı´as Bı´garo Narval, SA, established
in Vigo, Pesquera Cı´es, SA, established in Vigo, Pesca Herculina,
SA, established in Vigo, Pesquera Inter, SA, established in
Cangas, Pesquerı´as Marinenses, SA, established in Marı´n,
Pesquerı´as Tara, SA, established in Cangas, Pesquera Vaqueiro,
SA, established in Vigo, Sotelo Dios, SA, established in Vigo,
represented by A. Creus Carreras and A. Agustinoy Guilayn,
lawyers, v Council of the European Union, represented by
R. Gosalbo Bono, J. Carbery and M. Sims, acting as Agents,
and Commission of the European Communities, represented
by T. Van Rijn and J. Guerra Fernandez, acting as Agents,
with an address for service in Luxembourg: Application for
compensation pursuant to Article 235 EC and the second
paragraph of Article 288 EC in respect of loss suffered by the
applicants as a result of (1) the acceptance by the Commission
and the Council of a total allowable catch for 1995 of
27 000 tonnes of Greenland halibut in the Regulatory Area
defined in the Convention on Future Multilateral Cooperation
in the North West Atlantic Fisheries and (2) the conclusion of
a bilateral agreement between the Community and Canada
and the adoption of Council Regulation (EC) No 1761/95 of
29 June 1995 amending, for the second time, Regulation (EC)
No 3366/94 laying down for 1995 certain conservation and
management measures for fishery resources in the Regulatory
Area as defined in the Convention on Future Multilateral
Cooperation in the North-west Atlantic Fisheries (OJ 1995
L 171, p. 1) establishing, with effect from 16 April 1995, a
quota of 5 013 tonnes of Greenland halibut for Community