CELEX: 62010TA0389
Language: en
Date: 2015-07-15 00:00:00
Title: Cases T-389/10 and T-419/10: Judgment of the General Court of 15 July 2015 — SLM and Ori Martin v Commission (Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Limitation period — 2006 Guidelines on the method of setting fines — Imputation of liablitiy for the infringment to the parent company — Proportionnality — Principle that penalties must fit the offence — Unlimited jurisdiction)

14.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 302/32
            
         Judgment of the General Court of 15 July 2015 — SLM and Ori Martin v Commission
   (Cases T-389/10 and T-419/10) (1)
   
   ((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Single, complex and continuous infringement - Limitation period - 2006 Guidelines on the method of setting fines - Imputation of liablitiy for the infringment to the parent company - Proportionnality - Principle that penalties must fit the offence - Unlimited jurisdiction))
   (2015/C 302/41)
   Language of the case: Italian
   
      Parties
   
   
      Applicants: Siderurgica Latina Martin SpA (SLM) (Ceprano, Italy) (represented by: G. Belotti and F. Covone, lawyers) (Case T-389/10); and Ori Martin SA (Luxembourg, Luxembourg) (represented by: P. Ziotti, lawyer) (Case T-419/10)
   
      Defendant: European Commission (represented initially by B. Gencarelli, V. Bottka and P. Rossi, and subsequently by V. Bottka, P. Rossi and G. Conte, Agents)
   
      Re:
   
   Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Joins Cases T-389/10 and T-419/10 for the purposes of the judgment;
            
         
               2.
            
            
               Annuls Article 1(16) of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011, in so far as it finds that Siderurgica Latina Martin SpA (SLM) participated in a series of agreements and commercial practices in the prestressing steel sector in the internal market and within the European Economic Area (EEA) from 10 February 1997 to 14 April 1997;
            
         
               3.
            
            
               Annuls Article 2(16) of Decision C(2010) 4387 final, as amended by Decision C(2010) 6676 final and by Decision C(2011) 2269 final;
            
         
               4.
            
            
               Reduces the fine imposed on SLM from EUR 19,8 million to EUR 19 million, of which the amount of EUR 13,3 million is imposed on a joint and several basis with Ori Martin SA; on account of the legal maximum of 10 % of total turnover provided for in Article 23(2) of Regulation (EC) No 1/2003, the final amount of the fine to be imposed on SLM is set at EUR 1,956 million;
            
         
               5.
            
            
               Dismisses the actions at to the remainder;
            
         
               6.
            
            
               Orders the Commission to bear its own costs and to pay two thirds of the costs of SLM and one third of the costs of Ori Martin;
            
         
               7.
            
            
               Orders SLM to bear one third of its own costs;
            
         
               8.
            
            
               Orders Ori Martin to bear two thirds of its own costs.
            
         
      (1)  OJ C 301, 6.11.2010.