CELEX: 62006TA0405
Language: en
Date: 2009-03-31 00:00:00
Title: Case T-405/06: Judgment of the Court of First Instance of 31 March 2009 — ArcelorMittal Luxembourg and Others v Commission (Competition — Agreements, decisions and concerted practices — Community market in beams — Decision establishing an infringement of Article 65 CS, after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Competence of the Commission — Liability for the infringement — Limitation — Rights of the defence)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/33
            
         Judgment of the Court of First Instance of 31 March 2009 — ArcelorMittal Luxembourg and Others v Commission
   (Case T-405/06) (1)
   
   (Competition - Agreements, decisions and concerted practices - Community market in beams - Decision establishing an infringement of Article 65 CS, after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Competence of the Commission - Liability for the infringement - Limitation - Rights of the defence)
   2009/C 113/66
   Language of the case: French
   
      Parties
   
   
      Applicants: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA (Luxembourg, Luxembourg); ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA (Esch-sur-Alzette, Luxembourg); and ArcelorMittel International SA, formerly Arcelor International SA (Luxembourg) (represented by: A. Vandencasteele, lawyer)
   
      Defendants: Commission of the European Communities (represented by: X. Lewis and F. Arbault, Agents)
   
      Re:
   
   Annulment of Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 — Steel beams).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 — Steel beams) inasmuch as it concerns ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA;
            
         
               2.
            
            
               Dismisses the action as unfounded as to the remainder;
            
         
               3.
            
            
               Orders, in so far as the present case is between them, the Commission to pay, in addition its own expenses, the costs incurred by ArcelorMittal Belval & Differdange and ArcelorMittal International;
            
         
               4.
            
            
               Orders, in so far as the present case is between them, ArcelorMittal Luxembourg SA to pay, in addition to its own costs, the costs incurred by the Commission.
            
         
      (1)  OJ C 42, 24.2.2007.