CELEX: C2007/056/03
Language: en
Date: 2007-03-10 00:00:00
Title: Joined Cases C-403/04 P and C-405/04 P: Judgment of the Court (First Chamber) of 25 January 2007 — Sumitomo Metal Industries Ltd and Nippon Steel Corp. v Commission of the European Communities (Appeals — Competition — Agreements, decisions and concerted practices — Market in seamless steel tubes — Protection of domestic markets — Burden of proof and production of evidence — Duration of the proceedings before the Court of First Instance)

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/2
            
         Judgment of the Court (First Chamber) of 25 January 2007 — Sumitomo Metal Industries Ltd and Nippon Steel Corp. v Commission of the European Communities
   (Joined Cases C-403/04 P and C-405/04 P) (1)
   
   (Appeals - Competition - Agreements, decisions and concerted practices - Market in seamless steel tubes - Protection of domestic markets - Burden of proof and production of evidence - Duration of the proceedings before the Court of First Instance)
   (2007/C 56/03)
   Language of the case: English
   Parties
   
      Appellants: Sumitomo Metal Industries Ltd (represented by: C. Vajda QC and G. Sproul and S. Szlezinger, Solicitors) and Nippon Steel Corp (represented by: J.-F. Bellis and K. Van Hove, avocats)
   
      Other parties to the proceedings: JFE Engineering Corp, formerly NKK Corp., JFE Steel Corp., formerly Kawasaki Steel Corp., Commission of the European Communities (represented by: N. Khan and A. Whelan, Agents), EFTA Surveillance Authority
   Re:
   Appeals against the judgment of the Court of First Instance (Second Chamber) of 8 July 2004 in Joined Cases T-67/00, T-68/00, T-71/00 and T-78/00 JFE Engineering Corp. and Others v Commission partially annulling Commission Decision 2003/382/EC of 8 December 1999 relating to a proceeding under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seamless steel tubes) (notified under document number C(1999) 4154) and reducing the amount of the fine imposed on the applicants.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the appeals;
            
         
               2.
            
            
               Orders Sumitomo Metal Industries Ltd to pay the costs in Case C-403/04 P and Nippon Steel Corp. to pay the costs in Case C-405/04 P.
            
         
      (1)  OJ C 284, 20.11.2004.