Judgment of the Court of First Instance of 8 July 2004 in Case T-48/00: Corus UK Ltd v Commission of the European Communities (Competition — Agreements — Seamless steel tubes market — Duration of the infringement — Fines)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition, fine, market protection, restrictive trade practice, steel, tube

C 239/12

EN

Official Journal of the European Union

25.9.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2004

of 8 July 2004

in Case T-44/00: Mannesmannröhren-Werke v Commission
of the European Communities (1)

in Case T-48/00: Corus UK Ltd v Commission of the
European Communities (1)

(Competition — Cartels — Markets in seamless steel tubes
— Duration of the infringement — Fines)

(Competition — Agreements — Seamless steel tubes market
— Duration of the infringement — Fines)

(2004/C 239/24)

(2004/C 239/25)

(Language of the case: German)

(Language of the case: English)

for

annulment

In Case T-44/00: Mannesmannröhren-Werke AG, established in
Mülheim an der Ruhr (Germany), represented by M. Klusmann,
lawyer, with an address for service in Luxembourg, against the
Commission of the European Communities (Agents: M. Erhart
and A. Whelan, with an address for service in Luxembourg) —
Commission Decision
application
2003/382/EC of 8 December 1999 relating to a proceeding
under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seam-
less steel tubes)
(OJ 2003, L 140, p. 1), or, alternatively, a
reduction in the amount of the fine imposed on the applicant
— the Court of First Instance (Second Chamber), composed of
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
J. Plingers, Administrator, for the Registrar, gave a judgment on
8 July 2004, in which it:

of

In Case T-48/00: Corus UK Ltd, formerly British Steel plc,
established in London (United Kingdom), represented by J.
Pheasant and M. Readings, solicitors, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: initially M. Erhart and B. Doherty, then
M. Erhart and A. Whelan) — application for the annulment of
Commission Decision 2003/382/EC of 8 December 1999
relating to a proceeding under Article 81 of the EC Treaty
(Case IV/E-1/35.860-B seamless steel tubes) (OJ 2003 L 140,
p. 1), or, alternatively, a reduction in the amount of the fine
Instance
imposed on the applicant — the Court of First
(Second Chamber), composed of N.J. Forwood, President,
J.
Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for
the Registrar, gave a judgment on 8 July 2004, in which it:

1. Annuls Article 1(2) of Commission Decision 2003/382/EC of
8 December 1999 relating to a proceeding under Article 81 of
the EC Treaty (Case IV/E-1/35.860-B seamless steel tubes) in so
far as it finds that the infringement imputed to the applicant by
that provision existed before 1 January 1991;

1. Annuls Article 1(2) of Commission Decision 2003/382/EC of
8 December 1999 relating to a proceeding under Article 81 of
the EC Treaty (Case IV/E-1/35.860-B seamless steel tubes) in so
far as it establishes the existence of the infringement found in that
article against the applicant as pre-dating 1 January 1991;

2. Sets the amount of the fine imposed on the applicant in Article 4

2. Sets the fine imposed on the applicant by Article 4 of Decision

of Decision 2003/382 at EUR 12,600,000;

2003/382 at EUR 11,700,000;

3. Dismisses the remainder of the application;

3. Dismisses the remainder of the application;

4. Orders the applicant and the Commission to bear their own costs.

4. Orders the parties to bear their own costs.

(1) OJ C 135 of 13.5.2000.

(1) OJ C 135 of 13.5.2000.