CELEX: C1999/160/30
Language: en
Date: 1999-06-05 00:00:00
Title: Judgment of the Court of First Instance of 11 March 1999 in Case T-148/94: Preussag Stahl AG v. Commission of the European Communities (ECSC Treaty - Competition - Agreements between undertakings, decisions by associations of undertakings and concerted practices - Price-fixing - Market sharing - Systems for the exchange of information)

5.6.1999                 EN                     Official Journal of the European Communities                                              C 160/15
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 11 March 1999                                                            of 11 March 1999
                                                                            in Case T-148/94: Preussag Stahl AG v. Commission of
in Case T-147/94: Krupp Hoesch Stahl AG v. Commission                                         the European Communities (1)
               of the European Communities (1)
                                                                           (ECSC Treaty — Competition — Agreements between
(ECSC Treaty — Competition — Agreements between                            undertakings, decisions by associations of undertakings and
undertakings — Price-fixing — System for the exchange of                   concerted practices — Price-fixing — Market sharing —
                             information)                                               Systems for the exchange of information)
                           (1999/C 160/29)                                                             (1999/C 160/30)
                                                                                                (Language of the case: German)
                   (Language of the case: German)
                                                                           In case T-148/94: Preussag Stahl AG, established in Salzgitter
In case T-147/94: Krupp Hoesch Stahl AG, established in                    (Germany), represented by Horst Satzky and Bernhard
Dortmund (Germany), represented, by Otfried Lieberknecht                   M. Maassen, of the Brussels Bar, Martin Heidenhain, Rechtsan-
and, during the oral procedure, by Martin Klusmann, Rechtsan-              walt, Frankfurt, and Constantin Frick, Rechtsanwalt, Bremen,
wälte, Dusseldorf, with an address for service in Luxembourg               with an address for service in Luxembourg at the Chambers of
at the Chambers of Alex Bonn, 62, avenue Guillaume, v.                     René Faltz, 6, rue Heine, v. Commission of the European
Commission of the European Communities (Agents: initially                  Communities (Agents: initially Julian Currall, Norbert Lorenz
Julian Currall, Norbert Lorenz and Géraud Sajust de Bergues,               and Géraud Sajust de Bergues, and subsequently Jean-Louis
and subsequently Jean-Louis Dewost, Julian Currall and Guy                 Dewost, Julian Currall and Guy Charrier, assisted by Heinz-
Charrier, assisted by Heinz-Joachim Freund) — application,                 Joachim Freund) — application, principally, for the annulment
principally, for the annulment of Commission Decision                      of Commission Decision 94/215/ECSC of 16 February 1994
94/215/ECSC of 16 February 1994 relating to a proceeding                   relating to a proceeding pursuant to article 65 of the ECSC
pursuant to article 65 of the ECSC Treaty concerning agree-                Treaty concerning agreements and concerted practices engaged
ments and concerted practices engaged in by European                       in by European producers of beams (OJ L 116, 6.5.1994, p. 1)
producers of beams (OJ L 116, 6.5.1994, p. 1) — the Court                  — the Court of First Instance (Second Chamber, Extended
of First Instance (Second Chamber, Extended Composition),                  Composition), composed of: C. W. Bellamy, acting as President,
composed of: C. W. Bellamy, acting as President, A. Potocki                A. Potocki and J. Pirrung, Judges; J. Palacio González, Adminis-
and J. Pirrung, Judges; J. Palacio González, Administrator, for           trator, for the Registrar, has given a judgment on 11 March
the Registrar, has given a judgment on 11 March 1999, in                   1999, in which it:
which it:
                                                                           1. annuls article 1 of Commission Decision 94/215/ECSC of
1. fixes at EUR 9 000 the amount of the fine imposed on the                     16 February 1994 relating to a proceeding pursuant to article
     applicant by article 4 of Commission Decision 94/215/ECSC of               65 of the ECSC Treaty concerning agreements and concerted
     16 February 1994 relating to a proceeding pursuant to article 65           practices engaged in by European producers of beams in so far as
     of the ECSC Treaty concerning agreements and concerted practices           it finds that the applicant participated in a price-fixing agreement
     engaged in by European producers of beams,                                 on the German market which lasted three months,
                                                                           2. fixes the amount of the fine imposed on the applicant by article 4
2. dismisses the remainder of the action,                                       of Decision 94/215/ECSC at EUR 8 600 000,
                                                                           3. dismisses the remainder of the action,
3. orders the applicant to bear its own costs and to pay half of the
     defendant’s costs. The defendant shall bear half of its own costs.
                                                                           4. orders the applicant to bear its own costs and to pay four fifths
                                                                                of the defendant’s costs. The defendant shall bear one fifth of its
                                                                                own costs.
(1) OJ C 174, 25.6.1994.
                                                                           (1) OJ C 161, 11.6.1994.