Judgment of the Court (Fifth Chamber) of 2 October 2003.
Siderúrgica Aristrain Madrid SL v Commission of the European Communities.
C-196/99 P • 61999CJ0196 • ECLI:EU:C:2003:529
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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.. 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))
3.. 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))
4.. ECSC – Community competition rules – Infringements – Fines – Amount – Determination – Criteria – Raising of the general level of fines – Whether permissible – Conditions ( ECSC Treaty, Art. 65(5))
5.. ECSC – Community competition rules – Infringement by an undertaking – Attribution to another undertaking having regard to the economic and legal links between them – Conditions – Control of share capital in the same hands insufficient ( ECSC Treaty, Art. 65(1))
6.. ECSC – Agreements, decisions and concerted practices – Fines – Amount – Method of calculation – Fixing of fines in ecus for all the undertakings which participated in the infringement on the basis of turnover, expressed in ecus, of the last full year of the period of the infringement – Whether permissible ( ECSC Treaty, Art. 65(5))
7.. Court of First Instance – Organisation – Composition of chambers – Judge absent or prevented from attending – Whether absence definitive or temporary – 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))
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-196/99 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-156/94
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
Findings of the Court
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
The first limb of the fifth ground of appeal
Findings of the Court
The second limb of the fifth ground of appeal
Findings of the Court
The third limb of the fifth ground of appeal
Findings of the Court
The sixth ground of appeal
Findings of the Court
The seventh ground of appeal
...
Findings of the Court
The eighth ground of appeal
...
...
Findings of the Court
The ninth 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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