CELEX: C1999/299/05
Language: en
Date: 1999-10-16 00:00:00
Title: Case C-195/99 P: Appeal brought on 25 May 1999 by Krupp Hoesch Stahl AG against the judgment delivered on 11 March 1999 by the Court of First Instance of the European Communities (Second Chamber, Extended Composition) in Case T-147/94 Krupp Hoesch Stahl AG v Commission of the European Communities

16.10.1999               EN                   Official Journal of the European Communities                                            C 299/5
     In its examination of the pricing agreements in the light of        Pleas in law and main arguments
     Article 65(1) of the ECSC Treaty, the Court also failed
     entirely to take account of the special features of ‘normal
     competition’ within the meaning of Article 65(1) of the             The pleas in law and main arguments are the same as those in
     ECSC Treaty. In this it accepted that DG III could modify           Case C-194/99 P, with the exception of those set out in the
     ‘normal competition’ and, in particular, that it had con-           first indent in the notice relating to that case.
     ceded to undertakings, within the context of cooperation
     with DG III, scope for discussions on price forecasts. Had
                                                                         (*) See case C-199/99 P, OJ C 204, 17.7.1999, p. 32.
     it acted correctly, the Court ought to have examined
     whether the practices in question came within that scope,
     since, if that were so, there would be no anti-competitive
     conduct within the meaning of Article 65(1) of the ECSC
     Treaty.
— Error in law in the quantification of the fine.
— Infringement of Article 6 of the European Convention on
     Human Rights by reason of the unduly lengthy duration               Appeal brought on 25 May 1999 by Siderúrgica Aristrain
     of the proceedings before the Court of First Instance.              Madrid S.L. against the judgment delivered on 11 March
                                                                         1999 by the Court of First Instance of the European
                                                                         Communities (Second Chamber, Extended Composition)
(*) See case C-199/99 P, OJ C 204, 17.7.1999, p. 32.
                                                                         in Case T-156/94 Siderúrgica Aristrain Madrid S.L. v
                                                                                  Commission of the European Communities
                                                                                                 (Case C-196/99 P) (*)
Appeal brought on 25 May 1999 by Krupp Hoesch Stahl                                                 (1999/C 299/06)
AG against the judgment delivered on 11 March 1999 by
the Court of First Instance of the European Communities
(Second Chamber, Extended Composition) in Case                           An appeal has been brought before the Court of Justice of the
T-147/94 Krupp Hoesch Stahl AG v Commission of the                       European Communities on 25 May 1999 by Siderúrgica
                     European Communities                                Aristrain Madrid S.L., represented by Antonio Creus, of the
                                                                         Barcelona Bar, and Natalia Lacalle Mangas, of the Madrid Bar,
                        (Case C-195/99 P) (*)                            with an address for service at the Cuatrecasas Law Chambers,
                                                                         78 Avenue d’Auderghem, B-1040 Brussels, against the judg-
                          (1999/C 299/05)                                ment delivered on 11 March 1999 by the Court of First
                                                                         Instance of the European Communities (Second Chamber,
An appeal has been brought before the Court of Justice of the            Extended Composition) in Case T-156/94 Siderúrgica Aristrain
European Communities on 25 May 1999 by Krupp Hoesch                      Madrid S.L. v Commission of the European Communities.
Stahl AG, represented by Frank Montag, of Freshfields Dering-
er, Bastion Tower, 5 Place du Champs de Mars, B-1050                     The appellant claims that the Court should:
Brussels, with an address for service in Luxembourg at the
Chambers of Aloyse May, 31 Grand Rue, against the judgment
delivered on 11 March 1999 by the Court of First Instance                I.   Annul the judgment delivered on 11 March 1999 by the
of the European Communities (Second Chamber, Extended                         Court of First Instance in Case T-156/94 (1) on the ground
Composition) in Case T-147/94 Krupp Hoesch Stahl AG v                         of all or some of the defects indicated, and draw from
Commission of the European Communities.                                       the annulment of that judgment all legal consequences,
                                                                              whether the Court rules expressly on the substance or
The appellant claims that the Court should:                                   refers the case back to the Court of First Instance, and, in
                                                                              particular:
1. Set aside the judgment delivered on 11 March 1999 by the
     Court of First Instance of the European Communities                      1. Annul the contested judgment in so far as it finds that
     (Second Chamber, Extended Composition) in Case                               the decision does not infringe Community law by
     T-147/94 in so far as that judgment fixes the fine imposed                   reason of misapplication and misinterpretation of
     on the appellant at EUR 9 000 (paragraph (1) of the                          Article 65 of the ECSC Treaty and, accordingly, annul
     operative part), dismisses the appellant’s action (paragraph                 the decision on that ground;
     (2) of the operative part), and orders the appellant to bear
     its own costs and to pay half of the Commission’s costs                  2. Rule on the substance, in so far as it is ready for
     (paragraph (3) of the operative part);                                       judgment, or, if not, refer the case back to the Court of
                                                                                  First Instance in order that it may rule on the grounds
2. Annul Articles 1, 3 and 4 of Commission Decision                               set out below, and accordingly annul the decision in
     C(94)321 final of 16 February 1994 relating to a proceed-                    so far as it relates to these grounds or, in the alternative,
     ing pursuant to Article 65 of the ECSC Treaty concerning                     reduce the fine imposed on the appellant:
     agreements and concerted practices engaged in by Euro-
     pean producers of beams;
                                                                                  — joint responsibility,
3. Order the Commission to pay the costs of the proceedings
     at first instance and those of the present appeal.                           — failure to state reasons,