CELEX: C1999/160/27
Language: en
Date: 1999-06-05 00:00:00
Title: Judgment of the Court of First Instance of 11 March 1999 in Case T-141/94: Thyssen 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)

C 160/14                 EN                        Official Journal of the European Communities                                             5.6.1999
    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-141/94: Thyssen Stahl AG v. Commission of the                       in Case T-145/94: Unimétal — Société française des aciers
                     European Communities (1)                                 longs SA v. Commission of the European Communities (1)
(ECSC Treaty — Competition — Agreements between                               (ECSC Treaty — Competition — Agreements between
undertakings, decisions by associations of undertakings and                   undertakings, decisions by associations of undertakings and
concerted practices — Price-fixing — Market sharing —                         concerted practices — Price-fixing — Market sharing —
             Systems for the exchange of information)                                     Systems for the exchange of information)
                            (1999/C 160/27)                                                             (1999/C 160/28)
                     (Language of the case: German)                                                (Language of the case: French)
In case T-141/94: Thyssen Stahl AG, established in Duisburg                   In case T-145/94: Unimétal - Société française des aciers longs
(Germany), represented, during the written procedure, by                      SA, having its registered office in Rombas (France), represented
Joachim Sedemund and Frank Montag, and, during the oral                       by Antoine Winckler and Caroline Levi, of the Paris and
procedure, by Frank Montag and Barbara Balke, Rechtsanwälte,                  Brussels Bars respectively, with an address for service in
Cologne, with an address for service in Luxembourg at the                     Luxembourg at the Chambers of Elvinger & Hoss, 15, Côte
Chambers of Aloyse May, 32, Grand-Rue, v. Commission of                       d’Eich, v. Commission of the European Communities (Agents:
the European Communities (Agents: initially Julian Currall,                   initially Julian Currall and Géraud Sajust de Bergues, and
Norbert Lorenz, and Géraud Sajust de Bergues, and sub-                        subsequently Jean-Louis Dewost, Julian Currall and Guy Charri-
sequently Jean-Louis Dewost, Julian Currall and Guy Charrier,                 er) — application, principally, for the annulment of Com-
assisted by Hans-Joachim Freund) — application, principally,                  mission Decision 94/215/ECSC of 16 February 1994 relating
for the annulment of Commission Decision 94/215/ECSC of                       to a proceeding pursuant to article 65 of the ECSC Treaty
16 February 1994 relating to a proceeding pursuant to article                 concerning agreements and concerted practices engaged in by
65 of the ECSC Treaty concerning agreements and concerted                     European producers of beams (OJ L 116, 6.5.1994, p. 1)
practices engaged in by European producers of beams (OJ                       — the Court of First Instance (Second Chamber, Extended
L 116, 6.5.1994, p. 1) — the Court of First Instance                          Composition), composed of: C. W. Bellamy, acting as President,
(Second Chamber, Extended Composition), composed of:                          A. Potocki and J. Pirrung, Judges; J. Palacio González, Adminis-
C. W. Bellamy, acting as President, A. Potocki and J. Pirrung,                trator, for the Registrar, has given a judgment on 11 March
Judges; J. Palacio González, Administrator, for the Registrar,               1999, in which it:
has given a judgement on 11 March 1999, in which it:
                                                                              1. annuls article 1 of Commission Decision 94/215/ECSC of
1. annuls article 1 of Commission Decision 94/215/ECSC of                          16 February 1994 relating to a proceeding pursuant to article
     16 February 1994 relating to a proceeding pursuant to article                 65 of the ECSC Treaty concerning agreements and concerted
     65 of the ECSC Treaty concerning agreements and concerted                     practices engaged in by European producers of beams in so far as
     practices engaged in by European producers of beams in so far as              it finds that the applicant participated in an agreement to share
     it finds that the applicant participated in a price-fixing agreement          the Italian market which lasted three months,
     on the German market which lasted three months,
                                                                              2. fixes the amount of the fine imposed on the applicant by article 4
2. fixes the amount of the fine imposed on the applicant by article 4              of Decision 94/215/ECSC at EUR 8 300 000,
     of Decision 94/215/ECSC at EUR 4 400 000,
                                                                              3. dismisses the remainder of the action,
3. dismisses the remainder of the action,
                                                                              4. orders the applicant to bear its own costs and to pay half of the
4. 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.
     defendant’s costs. The defendant shall bear half of its own costs.
(1) OJ C 161, 11.6.1994.                                                      (1) OJ C 146, 28.5.1994.