CELEX: 62006CA0516
Language: en
Date: 2007-12-06 00:00:00
Title: Case C-516/06 P: Judgment of the Court (Second Chamber) of 6 December 2007 — Commission of the European Communities v Ferriere Nord SpA (Appeal — Competition — Commission decision — Fine — Enforcement — Regulation (EEC) No 2988/74 — Limitation period — Acts adversely affecting a party — Inadmissibility)

26.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/13
            
         Judgment of the Court (Second Chamber) of 6 December 2007 — Commission of the European Communities v Ferriere Nord SpA
   (Case C-516/06 P) (1)
   
   (Appeal - Competition - Commission decision - Fine - Enforcement - Regulation (EEC) No 2988/74 - Limitation period - Acts adversely affecting a party - Inadmissibility)
   (2008/C 22/24)
   Language of the case: French
   Parties
   
      Appellant: Commission of the European Communities (represented by: V. Di Bucci and F. Amato, Agents)
   
      Other party to the proceedings: Ferriere Nord SpA (represented by: W. Viscardini and G. Donà, avvocati)
   Re:
   Appeal against the judgment of the Court of First Instance of 27 September 2006 in Case T-153/04 Ferriere Nord SpA v Commission by which the Court of First Instance annulled the Commission decisions notified by letter of 5 February 2004 and by facsimile of 13 April 2004 concerning the outstanding balance of the fine imposed on the applicant by Commission Decision 89/515/EEC of 2 August 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.553 — Welded steel mesh)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Court of First Instance of the European Communities of 27 September 2006 in Case T-153/04 Ferriere Nord v Commission;
            
         
               2.
            
            
               Declares the action for annulment brought by Ferriere Nord SpA against the decisions of the Commission of the European Communities notified by letter of 5 February 2004 and by fax of 13 April 2004 concerning the outstanding balance of the fine imposed on Ferriere Nord SpA by Commission Decision 89/515/EEC of 2 August 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.553 — Welded steel mesh) inadmissible.
            
         
               3.
            
            
               Orders Ferriere Nord SpA to pay the costs of both sets of proceedings.
            
         
      (1)  OJ C 42, 24.2.2007.