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Document 62019TA0667

    Case T-667/19: Judgment of the General Court of 9 November 2022 — Ferriere Nord v Commission (Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars — 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 — Limiting and controlling output and sales — Decision taken following the annulment of earlier decisions — New hearing held in the presence of the competition authorities of the Member States — Rights of the defence — Principle of sound administration — Reasonable period — Obligation to state reasons — Proportionality — Ne bis in idem principle — Plea of illegality — Evidence of involvement in the cartel — Aggravating circumstances — Repeated infringement — Mitigating circumstances — Equal treatment — Unlimited jurisdiction)

    OJ C 482, 19.12.2022, p. 15–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    19.12.2022   

    EN

    Official Journal of the European Union

    C 482/15


    Judgment of the General Court of 9 November 2022 — Ferriere Nord v Commission

    (Case T-667/19) (1)

    (Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars - 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 - Limiting and controlling output and sales - Decision taken following the annulment of earlier decisions - New hearing held in the presence of the competition authorities of the Member States - Rights of the defence - Principle of sound administration - Reasonable period - Obligation to state reasons - Proportionality - Ne bis in idem principle - Plea of illegality - Evidence of involvement in the cartel - Aggravating circumstances - Repeated infringement - Mitigating circumstances - Equal treatment - Unlimited jurisdiction)

    (2022/C 482/22)

    Language of the case: Italian

    Parties

    Applicant: Ferriere Nord SpA (Osoppo, Italy) (represented by: W. Viscardini, G. Donà and B. Comparini, lawyers)

    Defendant: European Commission (represented by: P. Rossi, G. Conte and C. Sjödin, acting as Agents, and by M. Moretto, lawyer)

    Intervener in support of the defendant: Council of the European Union (represented by: O. Segnana and E. Ambrosini, acting as Agents]

    Re:

    Application under Article 263 TFEU for, primarily, annulment of Commission Decision C(2019) 4969 final of 4 July 2019 relating to a breach of Article 65 of the ECSC Treaty (Case AT.37956 — Concrete reinforcing bars) or, in the alternative, a reduction in the amount of the fine imposed on the applicant.

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Ferriere Nord SpA to bear its own costs and to pay those incurred by the European Commission;

    3.

    Declares that the Council of the European Union is to bear its own costs.


    (1)  OJ C 399, 25.11.2019.


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