CELEX: C2002/084/101
Language: en
Date: 2002-04-06 00:00:00
Title: 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 Commission of the European Communities (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 — Principle of equal treatment)

6.4.2002               EN                      Official Journal of the European Communities                                           C 84/55
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               4.    For the rest, dismisses the applications in Cases T-45/98 and
                                                                                T-47/98 in all other respects;
                       13 December 2001                                   5.    In case T-45/98, orders Krupp Thyssen Stainless GmbH and
                                                                                the Commission to bear their own costs;
in Joined Cases T-45/98 and T-47/98: Krupp Thyssens                       6.    In case T-47/98, orders Acciai Speciali Terni SpA to bear its
Stainless GmbH et Acciai speciali Terni SpA v Com-                              own costs and to pay two-thirds of those of the Commission
           mission of the European Communities (1)                              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.
(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)
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
                         (2002/C 84/101)
                                                                                                  13 December 2001
              (Language of the case: German and Italian)
                                                                          in Case T-48/98: Compañia española para la fabricación
                                                                          de aceros inoxidables, SA (Acerinox) v Commission of
                                                                                           the European Communities (1)
In Joined Cases T-45/98 and T-47/98, Krupp Thyssen Stainless              (ECSC Treaty — Competition — Agreements, decisions and
GmbH, established in Duisberg, Germany, represented by                    concerted practices — Alloy surcharge — Price fixing —
M. Klusmann, O. Lieberknecht and K. Moosecker, lawyers,                   Burden of proof — Duration of the infringement — Fine —
with an address for service in Luxembourg, Acciai Speciali                Guidelines on the method of setting fines — Cooperation
Terni SpA, established in Terni, Italy, represented by L. G. Radi-        during the administrative procedure — Principle of equal
cato di Brozolo, lawyer, with an address for service in                                                 treatment)
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                                    (2002/C 84/102)
an address for service in Luxembourg: application for the
annulment of Commission Decision 98/247/ECSC of 21 Janu-                                      (Language of the case: English)
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-           In Case T-48/98, Compañı́a Española para la Fabricación de
wood, Judges, Registrar: G. Herzig, has given a judgment on               Aceros Inoxidables SA (Acerinox), established in Madrid,
13 December 2001, in which it has ruled:                                  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
1.    Joins Cases T-45/98 and T-47/98 for the purposes of the             and K. Leivo, acting as Agents, with an address for service in
      judgment;                                                           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
2.    Annuls Article 1 of Decision 98/247/ECSC of 21 January              IV/35.814 — Alloy Surcharge) (OJ 1998 L 100, p. 55),
      1998 relating to a proceeding under Article 65 of the ECSC          the Court of First Instance (First Chamber), composed of:
      Treaty (Case IV/35.814 — Alloy Surcharge) in so far as it           B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges,
      attributes to Krupp Thyssen Nirosta GmbH responsibility for         Registrar: G. Herzig, Administrator, has given a judgment on
      the infringement committed by Thyssen Stahl AG;                     13 December 2001, in which it has ruled:
3.    Sets the amount of the fines imposed on Krupp Thyssen Nirosta       1.    Sets the amount of the fine imposed on Compañı́a Española
      GmbH and Acciai Speciali Terni SpA by Article 2 of Decision               para la Fabricación de Aceros Inoxidables SA at
      98/247 at EUR 4 032 000;                                                  EUR 3 136 000;