CELEX: 62003TJ0094
Language: en
Date: 2007-10-25
Title: Judgment of the Court of First Instance (Fifth Chamber, extended composition) of 25 October 2007.#Ferriere Nord SpA v Commission of the European Communities.#Agreements, decisions and concerted practices - Producers of reinforcing bars - Decision establishing an infringement of Article 65 CS - Decision based on the ECSC Treaty after expiry of that treaty - Lack of competence of the Commission.#Case T-94/03.

Judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 25 October 2007 – Ferriere Nord v Commission
      (Case T-94/03)
      Agreements, decisions and concerted practices – Producers of reinforcing bars – Decision establishing an infringement of Article 65 CS – Decision based on the ECSC Treaty after expiry of that treaty – Lack of competence of the Commission
      1.                     ECSC – Agreements, decisions and concerted practices – Commission decision establishing an infringement of Article 65 CS after
            the expiry of that treaty (Art. 65(1), (4) and (5) CS; Council Regulation No 17, Arts 3 and 15(2)) (see paras 58, 60, 75-76,
            79)
      2.                     ECSC – Agreements, decisions and concerted practices – Commission’s competence under Article 65(4) and (5) CS to establish
            and penalise an infringement of Article 65(1) CS – Disappearance on expiry of the ECSC Treaty (Arts 65(1), (4) and (5) CS
            and 97 CS; Art. 305(1) EC; Merger Treaty) (see paras 91-94, 96, 98)
      Re:
      
         
               APPLICATION for annulment of Commission Decision C(2002) 5087 final of 17 December 2002, relating to a proceeding under Article
                  65 CS (Case COMP/37.956 – Reinforcing bars).
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls Commission Decision C(2002) 5087 final of 17 December 2002 relating to a proceeding under Article 65 CS (Case COMP/37.956
                     – Reinforcing bars) with regard to Ferriere Nord SpA;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission to bear its own costs and to pay those incurred by Ferriere Nord;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Italian Republic to bear its own costs.