Agreements, decisions and concerted practices Lack of competence of the Commission Producers of reinforcing bars Decision establishing an infringement of Article 65 CS Decision based on the ECSC Treaty after expiry of that treaty
Sumário
Judgment of the Court of First Instance (Fifth Chamber, extended composition) of 25 October 2007.
Riva Acciaio 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-45/03.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 25 October 2007 – Riva Acciaio v Commission
(Case T-45/03)
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 55, 57, 72-73, 77)
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 89-92, 94, 96)
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 Riva Acciaio SpA; |
|
2. |
Orders the Commission to bear its own costs and to pay those incurred by Riva Acciaio; |
|
3. |
Orders the Italian Republic to bear its own costs. |