Judgment of the Court (Fifth Chamber) of 2 October 2003.
Thyssen Stahl AG v Commission of the European Communities.
C-194/99 P • 61999CJ0194 • ECLI:EU:C:2003:527
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«(Appeal – Agreements and concerted practices – European producers of beams)»
1.. Appeals – Grounds – Erroneous assessment of the facts – Inadmissible – Appeal dismissed (Art. 32d(1) CS; ECSC Statute of the Court of Justice, Art. 51)
2.. ECSC – Agreements, decisions and concerted practices – Administrative procedure – Observance of the rights of the defence – Right of access to the Commission's file – Infringement – Condition – Refusal to allow access to documents which may be useful for the undertaking's defence (ECSC Treaty, Art. 65(1))
3.. Competition – Decision applying competition rules – Judicial review – Scope – Limits (ECSC Treaty, Arts 33 and 65; Arts 81 EC and 82 EC)
4.. ECSC – Agreements – Concerted practice – Meaning – Criteria of coordination and cooperation – Interpretation – Agreement on the exchange of information ( ECSC Treaty, Art. 65(1); Art. 81(1) EC)
5.. Appeals – Grounds – Error of law relied on not identified – Inadmissible (Art. 32d(1) CS; ECSC Statute of the Court of Justice, Art. 51, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))
6.. ECSC – Agreements, decisions and concerted practices – Fines – Amount – Determination thereof – Criteria – Anti-competitive effects of the infringement – Criterion not conclusive ( ECSC Treaty, Art. 65(5))
7.. 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))
8.. Proceedings – Duration of the proceedings before the Court of First Instance – Reasonable period – Criteria of assessment
JUDGMENT OF THE COURT (Fifth Chamber) 2 October 2003 (1)
((Appeal – Agreements and concerted practices – European producers of beams))
In Case C-194/99 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-141/94
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
The first ground of appeal
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The first limb of the first ground of appeal
Findings of the Court
The second limb of the first ground of appeal
Findings of the Court
The second ground of appeal
The first limb of the second ground of appeal
Findings of the Court
The second limb of the second ground of appeal
Findings of the Court
The third ground of appeal
Findings of the Court
The fourth ground of appeal
The first limb of the fourth ground of appeal
Findings of the Court
The second limb of the fourth ground of appeal
Findings of the Court
The fifth ground of appeal
Findings of the Court
The sixth ground of appeal
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Findings of the Court
The seventh ground of appeal
Findings of the Court
The eighth ground of appeal
Findings of the Court
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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