CELEX: C2003/275/05
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 2 October 2003 in Case C-194/99 P: Thyssen Stahl AG v Commission of the European Communities (Appeal — Agreements and concerted practices — European producers of beams)

15.11.2003              EN                           Official Journal of the European Union                                                C 275/3
                 JUDGMENT OF THE COURT                                       N. Lacalle Mangas): Appeal against the judgment of the Court
                                                                             of First Instance of the European Communities (Second
                          (Fifth Chamber)                                    Chamber, Extended Composition) of 11 March 1999 in Case
                                                                             T-156/94 Aristrain v Commission [1999] ECR II-645, seeking
                        of 2 October 2003                                    to have that judgment set aside, the other party to the
                                                                             proceedings being: Commission of the European Communities
in Case C-194/99 P: Thyssen Stahl AG v Commission of                         (Agents: J. Currall and W. Wils, assisted by J. Rivas de
                 the European Communities (1)                                Andrés), the Court (Fifth Chamber), composed of: M. Wathelet,
                                                                             President of the Chamber, D.A.O. Edward, A. La Pergola,
(Appeal — Agreements and concerted practices — European                      P. Jann (Rapporteur) and S. von Bahr, Judges; C. Stix-Hackl,
                        producers of beams)                                  Advocate General; M.-F. Contet, Principal Administrator, for
                                                                             the Registrar, has given a judgment on 2 October 2003, in
                         (2003/C 275/05)                                     which it:
                   (Language of the case: German)
                                                                             1.    Sets aside the judgment of the Court of First Instance of
(Provisional translation; the definitive translation will be published             11 March 1999 in Case T-156/94 Aristrain v Commission
                   in the European Court Reports)                                  in so far as the Court of First Instance declared the application
                                                                                   for annulment of Commission Decision 94/215/ECSC of
                                                                                   16 February 1994 relating to a proceeding pursuant to
In Case C-194/99 P, Thyssen Stahl AG, established in Duisburg                      Article 65 of the ECSC Treaty concerning agreements and
(Germany) (represented by F. Montag): Appeal against the                           concerted practices engaged in by European producers of beams
judgment of the Court of First Instance of the European                            to be unfounded as regards the order that Siderúrgica Aristrain
Communities (Second Chamber, Extended Composition) of                              Madrid SL pay a fine which also took into account the conduct
11 March 1999 in Case T-141/94 Thyssen Stahl v Commission                          of Aristrain Olaberría SL;
[1999] ECR II-347, seeking to have that judgment set aside in
part, the other party to the proceedings being: Commission of                2.    Dismisses the remainder of the appeal;
the European Communities (Agents: J. Currall and W. Wils,
assisted by H.-J. Freund), the Court (Fifth Chamber), composed               3.    Refers the case back to the Court of First Instance;
of: M. Wathelet, President of the Chamber, D.A.O. Edward,
A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;                 4.    Reserves the costs.
C. Stix-Hackl, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
2 October 2003, in which it:                                                 (1) OJ C 299 of 16.10.1999.
1.    Dismisses the appeal;
2.    Orders Thyssen Stahl AG to pay the costs.
(1) OJ C 299 of 16.10.1999.
                                                                                               JUDGMENT OF THE COURT
                                                                                                       (Fifth Chamber)
                 JUDGMENT OF THE COURT                                                                of 2 October 2003
                          (Fifth Chamber)
                                                                             in Case C-198/99 P: Empresa Nacional Siderúrgica SA
                                                                             (Ensidesa) v Commission of the European Communities (1)
                        of 2 October 2003
in Case C-196/99 P: Siderúrgica Aristrain Madrid SL v                        (Appeal — Agreements and concerted practices — European
       Commission of the European Communities (1)                                                     producers of beams)
(Appeal — Agreements and concerted practices — European                                                (2003/C 275/07)
                        producers of beams)
                         (2003/C 275/06)                                                         (Language of the case: Spanish)
                   (Language of the case: Spanish)                           (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                             In Case C-198/99 P, Empresa Nacional Siderúrgica SA (Enside-
In Case C-196/99 P, Siderúrgica Aristrain Madrid SL estab-                   sa), established in Avilés (Spain), (represented by S. Martínez
lished in Madrid (Spain) (represented by A. Creus Carreras and               Lage and J. Pérez-Bustamante Köster): Appeal against the