Language of document :

Judgment of the Court of First Instance of 31 March 2009 - ArcelorMittal Luxembourg and Others v Commission

(Case T-405/06) 1

(Competition - Agreements, decisions and concerted practices - Community market in beams - Decision establishing an infringement of Article 65 CS, after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Competence of the Commission - Liability for the infringement - Limitation - Rights of the defence)

Language of the case: French

Parties

Applicants: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA (Luxembourg, Luxembourg); ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA (Esch-sur-Alzette, Luxembourg); and ArcelorMittel International SA, formerly Arcelor International SA (Luxembourg) (represented by: A. Vandencasteele, lawyer)

Defendants: Commission of the European Communities (represented by: X. Lewis and F. Arbault, Agents)

Re:

Annulment of Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 - Steel beams).

Operative part of the judgment

The Court:

Annuls Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 - Steel beams) inasmuch as it concerns ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA;

Dismisses the action as unfounded as to the remainder;

Orders, in so far as the present case is between them, the Commission to pay, in addition its own expenses, the costs incurred by ArcelorMittal Belval & Differdange and ArcelorMittal International;

Orders, in so far as the present case is between them, ArcelorMittal Luxembourg SA to pay, in addition to its own costs, the costs incurred by the Commission.

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1 - OJ C 42, 24.2.2007.