Judgment of the Court of First Instance 20 March 2002 in Case T-28/99: Sigma Tecnologie di rivestimento Srl v Commission of the European Communities (Competition — Cartel — District heating pipes — Article 85 of the EC Treaty (now Article 81 EC) — Proof of participation in a global agreement — Fine)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), heating, restriction on competition, restrictive trade practice

15.6.2002

EN

Official Journal of the European Communities

C 144/37

JUDGMENT OF THE COURT OF FIRST INSTANCE

3.

Reduces the fine imposed on the applicant by Article 3(i) of the
decision to EUR 300 000;

20 March 2002

4. Dismisses the remainder of the application;

in Case T-28/99: Sigma Tecnologie di rivestimento Srl v
Commission of the European Communities (1)

5. Orders the applicant to bear its own costs and to pay one third

of the costs incurred by the Commission;

6. Orders the Commission to bear two thirds of its own costs.

(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) — Proof of
participation in a global agreement — Fine)

(1) OJ C 100 of 10.4.1999.

(2002/C 144/78)

(Language of the case: Italian)

In Case T-28/99, Sigma Tecnologie di rivestimento Srl, estab-
lished in Lonato (Italy), represented by A. Pappalardo, M. Pap-
palardo and M. Merola, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: L. Pignataro and E. Gippini Fournier): Application for
primarily, annulment of Commission Decision 1999/60/EC of
21 October 1998 relating to a proceeding under Article 85 of
the EC Treaty (Case No IV/35.691/E-4: — Pre-Insulated Pipe
Cartel) (OJ 1999 L 24, p. 1) or, in the alternative, reduction of
the fine imposed on the applicant by that decision, the Court
of First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, V. Tiili and R.M. Moura Ramos, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 20 March 2002, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

20 March 2002

in Case T-31/99: ABB Asea Brown Boveri Ltd v Com-
mission of the European Communities (1)

(Competition — Cartel — District heating pipes —
Article 85 of the EC Treaty (now Article 81 EC) — Principle
of sound administration — Fine — Guidelines on the method
of setting fines — Legitimate expectations)

(2002/C 144/79)

(Language of the case: English)

1. Annuls Article 1 of Commission Decision 1999/60/EC of
21 October 1998 relating to a proceeding under Article 85 of
the EC Treaty (Case No IV/3.5/691/E.4: — Pre-Insulated
Pipe Cartel) in so far as it finds that the applicant infringed
Article 85(1) of the Treaty not only by participating in an
infringement of that provision in the Italian market but also by
participating in a cartel covering the whole of the common
market;

2. Annuls Article 3(i) of the decision in so far as it imposes on
the applicant a fine calculated on the basis of its participation
in the cartel covering the whole of the common market and in
the light of its intentional continuation of the infringement;

In Case T-31/99, ABB Asea Brown Boveri Ltd, established
in Zurich (Switzerland), represented by A. Weitbrecht and
S. Völcker, lawyers, with an address for service in Luxembourg,
v Commission of the European Communities (Agents: P. Oliver
and E. Gippini Fournier): Application for, primarily, annulment
of Article 3 of Commission Decision 1999/60/EC of 21 Octo-
ber 1998 relating to a proceeding under Article 85 of the EC
Treaty (Case No IV/35.691/E-4: — Pre-Insulated Pipe Cartel)
(OJ 1999 L 24, p. 1) or, in the alternative, reduction of the fine
imposed on the applicant by that decision, the Court of
First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, V. Tiili and R. M. Moura Ramos, Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
20 March 2002, in which it: