Case C-407/04 P: Judgment of the Court (First Chamber) of 25 January 2007 — Dalmine SpA v Commission of the European Communities (Appeals — Competition — Agreements, decisions and concerted practices — Seamless steel tubes market — Protection of domestic markets — Supply contract — Rights of the defence — Self-incrimination — Anonymous evidence — Fine — Statement of reasons — Equal treatment — Guidelines on the method of setting fines — Size of the relevant market and of the undertaking concerned — Attenuating circumstances)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), appeal, competition, infringement of EU law, interpretation of the law, restrictive trade practice, steel, tube

10.3.2007

EN

Official Journal of the European Union

C 56/3

Re:

Operative part of the judgment

Commission

Appeals against the judgment of the Court of First Instance
(Second Chamber) of 8 July 2004 in Joined Cases T-67/00,
T-68/00, T-71/00 and T-78/00 JFE Engineering Corp. and Others
annulling Commission Decision
v
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
(notified under document number C(1999)
4154) and reducing the amount of the fine imposed on the
applicants.

partially

tubes)

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders Sumitomo Metal Industries Ltd to pay the costs in Case
C-403/04 P and Nippon Steel Corp. to pay the costs in Case
C-405/04 P.

(1) OJ C 284, 20.11.2004.

The Court:

1. Dismisses the appeal;

2. Orders Dalmine SpA to pay the costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court (First Chamber) of 25 January 2007
— Salzgitter Mannesmann GmbH, formerly Mannesmann-
the European
röhren-Werke GmbH v Commission of

Communities

(Case C-411/04 P) (1)

(Appeals — Competition — Agreements, decisions and
concerted practices — Market in seamless steel tubes — Fair
legal process — Anonymous evidence — Fine — Cooperation
— Equal treatment)

(2007/C 56/05)

Language of the case: German

Judgment of the Court (First Chamber) of 25 January 2007
— Dalmine SpA v Commission of the European Commu-
nities

Parties

(Case C-407/04 P) (1)

(Appeals — Competition — Agreements, decisions and
concerted practices — Seamless steel tubes market — Protec-
tion of domestic markets — Supply contract — Rights of the
defence — Self-incrimination — Anonymous evidence — Fine
— Statement of reasons — Equal treatment — Guidelines on
the method of setting fines — Size of the relevant market and
of the undertaking concerned — Attenuating circumstances)

(2007/C 56/04)

Language of the case: Italian

Parties

Appellant: Dalmine SpA (represented by: A. Sinagra, M. Siragusa,
F. Moretti and A. L. Valvo, lawyers)

Appellant: Salzgitter Mannesmann GmbH,
formerly Mannes-
mannröhren-Werke GmbH (represented by: M. Klusmann and
F. Wiemer, Rechtsanwälte)

Other party to the proceedings: Commission of
the European
Communities (represented by: A. Whelan and H.Gading, Agents,
H-J. Freund, Rechtsanwalt)

Re:

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 8 July 2004 in Case T-44/00 Mannes-
mannröhren-Werke AG v Commission, inasmuch as it dismissed
an action for annulment of Commission Decision 2003/382/EC
of 8 December1999 relating to a proceeding under Article 81
EC (Case IV-1/35.860.B. — Seamless steel tubes) (OJ 1999 L
140, p. 11) — Right to a fair hearing — Misapplication of
Article 81 EC — Principle of equal treatment

Other party to the proceedings: Commission of
the European
Communities (represented by: A. Whelan and F. Amato, Agents)

Operative part of the judgment

Re:

partially

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 8 July 2004 in Case T-50/00 Dalmine v
Commission,
Decision
annulling
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)
(notified under document number C (1999)
4154), and setting the amount of the fine imposed on the appli-
cants

Commission

The Court:

1. Dismisses the appeal;

2. Orders Salzgitter Mannesmann GmbH to pay the costs

(1) OJ C 273, 6.11.2004.