Judgment of the Court (Fifth Chamber) of 2 October 2003.
Salzgitter AG v Commission of the European Communities.
C-182/99 P • 61999CJ0182 • ECLI:EU:C:2003:526
- Inbound citations: 43
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«(Appeal – Agreements and concerted practices – European producers of beams)»
1.. Court of First Instance – Organisation – Composition of the Chambers – Chamber composed of five judges – Reduction in the number of judges taking part in the deliberations to three because two judges were unable to attend – Volume of the case-file – Not relevant ( ECSC Statute of the Court of Justice, Arts 18 and 44; Rules of Procedure of the Court of First Instance, Arts 32 and 33(1) and (5))
2.. Procedure – Measures of inquiry – Request for production of a document – Discretion of the Court of First Instance (Rules of Procedure of the Court of First Instance, Arts 49 and 65(b))
3.. Appeals – Grounds – Erroneous assessment of the facts – Assessment of the probative value of a document – Inadmissible – Appeal dismissed ( Art. 32d(1) CS; ECSC Statute of the Court of Justice, Art. 51)
4.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision imposing fines for infringement of the competition rules – Merely desirable that the method of calculating the fine be disclosed ( ECSC Treaty, Arts 15, first para., and 65(5))
JUDGMENT OF THE COURT (Fifth Chamber) 2 October 2003 (1)
((Appeal – Agreements and concerted practices – European producers of beams))
In Case C-182/99 P,
appellant,
APPEAL against the judgment of the Court of First Instance of the European Communities (Second Chamber, Extended Composition) of 11 March 1999 in Case T-148/94
the other party to the proceedings being:
THE COURT (Fifth Chamber),,
composed of: M. Wathelet, President of the Chamber, D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges,
Advocate General: C. Stix-Hackl,
having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 31 January 2002,
after hearing the Opinion of the Advocate General at the sitting on 26 September 2002,
gives the following
in the alternative:
in the further alternative:
The first ground of appeal
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The second ground of appeal
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The third ground of appeal
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The fifth ground of appeal
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On those grounds,
THE COURT (Fifth Chamber)
hereby:
Wathelet
Edward
La Pergola
Jann
von Bahr
Delivered in open court in Luxembourg on 2 October 2003.
R. Grass
M. Wathelet
Registrar
President of the Fifth Chamber
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