CELEX: C2002/109/60
Language: en
Date: 2002-05-04 00:00:00
Title: Case C-73/02 P: Appeal brought on 28 February 2002 by Thyssenkrupp Acciai Speciali Terni SpA against the judgment delivered on 13 December 2001 by the First Chamber of the Court of First Instance of the European Communities in Joined Cases T-45/98 and T-47/98 between Krupp Thyssen Stainless GmbH and Acciai Speciali Terni SpA and Commission of the European Communities

4.5.2002                EN                     Official Journal of the European Communities                                       C 109/35
—     Order the Commission to pay the costs.                              The appellant claims that the Court should:
                                                                          I.    set aside the judgment, on the ground that it applied
Pleas in law and main arguments                                                 Community law wrongly and inconsistently, in so far as
                                                                                it confirms the decision of the Commission of 21 January
(a)   Failure to implement Article 8(6) of Directive 97/66.                     1998 No 98/247/ECSC to impose a fine on the appellant
                                                                                despite the fact that it belonged to the KTS Group;
      Article 6(6) of Decree No 171/98 only partially
      implements Article 8(6) of the directive in question, since
      it makes no reference to the obligation to inform the               In the alternative:
      public of the possibilities set out in Articles 8(1), (2), (3)
      and (4) of that directive to prevent the presentation of
      CLI (‘calling line identification’) of incoming calls if CLI        II.   set aside the judgment, on the ground that it misapplied
      has been eliminated, and of the possibility of eliminating                Community law, in so far as it confirms Article 1 of
      the presentation of connected line identification to the                  the decision of the Commission of 21 January 1998
      calling user.                                                             No 98/247/ECSC, according to which the infringement
                                                                                of the rules of competition imputed to AST is held to
(b) Failure to implement Article 9(b) of Directive 97/66.                       have continued until the date of the decision itself;
      Article 9(b) of the directive places an obligation on the
      Member States to ensure that there are procedures                   III. set aside the judgment, on the ground that it infringed
      governing the elimination of the presentation of calling                  the principle of equal treatment and non-discrimination,
      line identification on a per-line basis for organisations                 in so far as it does not uphold the appellant’s request that
      dealing with emergency calls and recognised as such by a                  the fine be reduced by 40 % in view of the appellant’s
      Member State, for the purpose of answering such calls.                    cooperation in the course of the procedure;
      The Italian legislation does not appear to have implement-
      ed that provision.
                                                                          in any event,
(1) OJ L 24 of 30.1.1998, p. 1.
                                                                          IV. order the Commission to pay the costs.
                                                                          Pleas and main arguments
Appeal brought on 28 February 2002 by Thyssenkrupp
Acciai Speciali Terni SpA against the judgment delivered
on 13 December 2001 by the First Chamber of the Court                     The appellant claims that the contested judgment should be
of First Instance of the European Communities in Joined                   set aside on the following grounds:
Cases T-45/98 and T-47/98 between Krupp Thyssen
Stainless GmbH and Acciai Speciali Terni SpA and Com-
            mission of the European Communities                           —     erroneous and inconsistent application of Community
                                                                                law by imposing a fine on AST despite the fact that AST
                                                                                belongs to the KTS group, which was subject to a fixed-
                         (Case C-73/02 P)                                       sum fine;
                         (2002/C 109/60)
                                                                          —     misapplication of Community law in finding that the
                                                                                infringement of the competition rules by AST was
                                                                                continuous;
An appeal against the judgment delivered on 13 December
2002 by the First Chamber of the Court of First Instance of
the European Communities in Joined Cases T-45/98 and                      —     breach of the principle of equaltreatment and non-
T-47/98 between Krupp Thyssen Stainless GmbH and Acciai                         discrimination in the reduction applied to the fine in
Speciali Terni SpA and Commission of the European Com-                          consideration of the appellant’s cooperation during the
munities was brought before the Court of Justice of the                         procedure.
European Communities on 8 February 2002 by Thyssenkrupp
Acciai Speciali Terni SpA, represented by Giulia Di Tommaso
and Andrea Giardina, with an address for service in Luxem-
bourg.