CELEX: C2002/144/78
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 20 March 2002 in Case T-28/99: Sigma Tecnologie di rivestimento Srl v Commission of the European Communities (Competition — Cartel — District heating pipes — Article 85 of the EC Treaty (now Article 81 EC) — Proof of participation in a global agreement — Fine)

15.6.2002                 EN                     Official Journal of the European Communities                                         C 144/37
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 3.    Reduces the fine imposed on the applicant by Article 3(i) of the
                                                                                  decision to EUR 300 000;
                                                                            4.    Dismisses the remainder of the application;
                             20 March 2002
                                                                            5.    Orders the applicant to bear its own costs and to pay one third
                                                                                  of the costs incurred by the Commission;
in Case T-28/99: Sigma Tecnologie di rivestimento Srl v
        Commission of the European Communities (1)
                                                                            6.    Orders the Commission to bear two thirds of its own costs.
(Competition — Cartel — District heating pipes —                            (1) OJ C 100 of 10.4.1999.
Article 85 of the EC Treaty (now Article 81 EC) — Proof of
          participation in a global agreement — Fine)
                            (2002/C 144/78)
                     (Language of the case: Italian)
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       20 March 2002
In Case T-28/99, Sigma Tecnologie di rivestimento Srl, estab-               in Case T-31/99: ABB Asea Brown Boveri Ltd v Com-
lished in Lonato (Italy), represented by A. Pappalardo, M. Pap-                        mission of the European Communities (1)
palardo and M. Merola, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: L. Pignataro and E. Gippini Fournier): Application for             (Competition — Cartel — District heating pipes —
primarily, annulment of Commission Decision 1999/60/EC of                   Article 85 of the EC Treaty (now Article 81 EC) — Principle
21 October 1998 relating to a proceeding under Article 85 of                of sound administration — Fine — Guidelines on the method
the EC Treaty (Case No IV/35.691/E-4: — Pre-Insulated Pipe                             of setting fines — Legitimate expectations)
Cartel) (OJ 1999 L 24, p. 1) or, in the alternative, reduction of
the fine imposed on the applicant by that decision, the Court
of First Instance (Fourth Chamber), composed of: P. Mengozzi,                                         (2002/C 144/79)
President, V. Tiili and R.M. Moura Ramos, Judges; J. Palacio
González, Administrator, for the Registrar, has given a judg-
ment on 20 March 2002, in which it:                                                              (Language of the case: English)
1.    Annuls Article 1 of Commission Decision 1999/60/EC of
      21 October 1998 relating to a proceeding under Article 85 of          In Case T-31/99, ABB Asea Brown Boveri Ltd, established
      the EC Treaty (Case No IV/3.5/691/E.4: — Pre-Insulated                in Zurich (Switzerland), represented by A. Weitbrecht and
      Pipe Cartel) in so far as it finds that the applicant infringed       S. Völcker, lawyers, with an address for service in Luxembourg,
      Article 85(1) of the Treaty not only by participating in an           v Commission of the European Communities (Agents: P. Oliver
      infringement of that provision in the Italian market but also by      and E. Gippini Fournier): Application for, primarily, annulment
      participating in a cartel covering the whole of the common            of Article 3 of Commission Decision 1999/60/EC of 21 Octo-
      market;                                                               ber 1998 relating to a proceeding under Article 85 of the EC
                                                                            Treaty (Case No IV/35.691/E-4: — Pre-Insulated Pipe Cartel)
                                                                            (OJ 1999 L 24, p. 1) or, in the alternative, reduction of the fine
                                                                            imposed on the applicant by that decision, the Court of
2.    Annuls Article 3(i) of the decision in so far as it imposes on        First Instance (Fourth Chamber), composed of: P. Mengozzi,
      the applicant a fine calculated on the basis of its participation     President, V. Tiili and R. M. Moura Ramos, Judges; G. Herzig,
      in the cartel covering the whole of the common market and in          Administrator, for the Registrar, has given a judgment on
      the light of its intentional continuation of the infringement;        20 March 2002, in which it: