Judgment of the General Court of 15 July 2015 — Trafilerie Meridionali v Commission
(Case T-422/10) 1
(Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Proportionality — Principle that penalties must fit the offence — Unlimited jurisdiction)
Language of the case: Italian
Parties
Applicant: Trafilerie Meridionali SpA, formerly Emme Holding SpA (Pescara, Italy) (represented by: G. Visconti, E. Vassallo di Castiglione, M. Siragusa, M. Beretta and P. Ferrari, lawyers)
Defendant: European Commission (represented initially by B. Gencarelli and V. Bottka, then by V. Bottka and R. Striani and lastly by V. Bottka and G. Conte, Agents, and P. Manzini, lawyer)
Re:
Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.
Operative part of the judgment
The Court:
Annuls Article 1(17) of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011, in so far as the Commission found that Trafilerie Meridionali SpA, formerly Emme Holding SpA, had participated in the pan-European aspect of the infringement at issue from 4 March 1997 to 9 October 2000, considered that that participation related to 3-wire strand from 4 March 1997 to 28 February 2000, and found that that participation in the anti-competitive practices was for the period from 30 August 2001 to 10 June 2002;
Annuls Article 2(17) of Decision C(2010) 4387 final, as amended by Decision C(2010) 6676 final and by Decision C(2011) 2269 final;
Sets the amount of the fine imposed on Trame at EUR 3.2 million;
Dismisses the action as to the remainder;
Orders each party to bear its own costs as regards Case T-422/10;
Orders Trafilerie Meridionali to bear its own costs and those of the European Commission as regards Case T-422/10 R.
____________1 OJ C 317, 20.11.2010.