Judgment of the General Court of 9December 2014 — SP v Commission
(Cases T-472/09 and T-55/10) 1
(Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Misuse of powers and abuse of procedure — Fines — Ceiling laid down by Article 23(2) of Regulation No 1/2003 — Action for annulment — Amending decision — Inadmissibility)
Language of the case: Italian
Parties
Applicant: SP SpA (Brescia, Italy) (represented by: G. Belotti, lawyer)
Defendant: European Commission (represented, in Case T-472/09, initially by R. Sauer, V. Di Bucci and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer, and in Case T-55/10, initially by R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, assisted by M. Moretto)
Re:
In Case T-472/09, application for a declaration of the non-existence or for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption), in the alternative, application for annulment of Article 2 of that decision, and in the further alternative, application for a reduction in the amount of the fine imposed on the applicant, and in Case T-55/10, application for annulment of Commission Decision C(2009) 9912 final of 8 December 2009, amending Decision C(2009) 7492 final.
Operative part of the judgment
The Court:
Orders that Cases T-472/09 and T-55/10 be joined for the purposes of the judgment;
In Case T-472/09, SP v Commission:
– Annuls Article 2 of Commission Decision C(2009) 7492 final of 30 September 2009, relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption) in so far as it imposes a fine of EUR 14.35 million jointly and severally on SP SpA;
– Dismisses the action as to the remainder;
– Orders SP to bear half of its own costs;
– Orders the Commission to bear its own costs and to pay half of the costs incurred by SP;
In Case T-55/10, SP v Commission:
– Dismisses the action;
– Orders SP to pay the costs.
________________________1 OJ C 24, 30.1.2010.