CELEX: 62009CA0352
Language: en
Date: 2011-03-29 00:00:00
Title: Case C-352/09 P: Judgment of the Court (Grand Chamber) of 29 March 2011 — ThyssenKrupp Nirosta GmbH, formerly ThyssenKrupp Stainless AG v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Community market in stainless steel flat products — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Powers of the Commission — Principles of nulla poena sine lege and res judicata — Rights of the defence — Attributability of the unlawful conduct — Transfer of liability by means of a statement — Limitation period — Cooperation during the administrative procedure)

21.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 152/4
            
         Judgment of the Court (Grand Chamber) of 29 March 2011 — ThyssenKrupp Nirosta GmbH, formerly ThyssenKrupp Stainless AG v European Commission
   (Case C-352/09 P) (1)
   
   (Appeals - Competition - Agreements, decisions and concerted practices - Community market in stainless steel flat products - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Powers of the Commission - Principles of nulla poena sine lege and res judicata - Rights of the defence - Attributability of the unlawful conduct - Transfer of liability by means of a statement - Limitation period - Cooperation during the administrative procedure)
   2011/C 152/06
   Language of the case: German
   
      Parties
   
   
      Appellant: ThyssenKrupp Nirosta GmbH, formerly ThyssenKrupp Stainless AG (represented by: M. Klusmann, Rechtsanwalt, and S. Thomas, Universitätsprofessor)
   
      Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and R. Sauer, Agents)
   
      Re:
   
   Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 1 July 2009 in Case T-24/07 ThyssenKrupp Stainless v Commission, by which the Court of First Instance dismissed the action for annulment of the Commission Decision of 20 December 2006 relating to a proceeding under Article 65 CS and, in the alternative, the application for reduction of the fine imposed on the applicant by that decision — Cartel on the market for stainless steel flat products — Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty, pursuant to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1) — Infringement of nulla poene sine lege and res judicata principles and of Articles 5, 7(1) and 83 EC — Infringement of applicable rules concerning time-bar for proceedings
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders ThyssenKrupp Nirosta GmbH to pay the costs.
            
         
      (1)  OJ C 282, 21.11.2009.