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Document 62015CJ0490

    Judgment of the Court (Sixth Chamber) of 14 September 2016.
    Ori Martin SA and Siderurgica Latina Martin SpA (SLM) v European Commission.
    Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — Regulation (EC) No 1/2003 — Article 23(2) — Presumption of actual exercise of decisive influence by the parent company over the subsidiary — The 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time — Charter of Fundamental Rights — Article 41 — Right to proceedings being conducted within a reasonable time.
    Joined Cases C-490/15 P and C-505/15 P.

    Court reports – general – 'Information on unpublished decisions' section

    Judgment of the Court (Sixth Chamber) of 14 September 2016 —

    Ori Martin and SLM v Commission

    (Joined Cases C‑490/15 P and C‑505/15 P) ( 1 )

    ‛Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — Regulation (EC) No 1/2003 — Article 23(2) — Presumption of actual exercise of decisive influence by the parent company over the subsidiary — The 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time — Charter of Fundamental Rights — Article 41 — Right to proceedings being conducted within a reasonable time’

    1. 

    Appeal — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 36)

    2. 

    Appeal — Jurisdiction of the Court — Whether it may review, on grounds of fairness, the assessment by the General Court in regard to the amount of the fines imposed on undertakings which have infringed the competition rules of the Treaty — Not included — Whether it may review that assessment on grounds of breach of the principle of proportionality — Lawfulness (Art. 261 TFEU; Statute of the Court of Justice, Art. 58, first para.; Council Regulation No 1/2003, Art. 31) (see paras 38-41)

    3. 

    Acts of the institutions — Statement of reasons — Obligation — Scope — Decision imposing fines for breach of the competition rules and concerning a number of addressees — Attribution of the practices of a subsidiary to its parent company — Decision based exclusively on the refutable presumption of the exercise of a decisive influence (Arts 101 TFEU and 296 TFEU) (see paras 55, 56)

    4. 

    Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary — Obscure ground — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 57, 58)

    5. 

    Competition — EU rules — Infringements — Attribution — Parent company and subsidiaries — Economic unit — Criteria for assessment — Presumption of decisive influence exercised by the parent company over its wholly-owned subsidiaries — Rebuttable — Evidential obligations of the company seeking to rebut that presumption (Art. 101 TFEU) (see paras 59-61, 64, 65)

    6. 

    Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Necessity of indicating precisely the evidence alleged to have been distorted and showing the errors of appraisal which led to that distortion (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 62, 63, 68, 70)

    7. 

    Competition — Decision to apply competition rules — Judicial review — Scope — Review of legality both in law and in fact (Arts 101 TFEU and 263 TFEU) (see paras 66, 67, 109)

    8. 

    EU law — Principles — Non-retroactivity of penal provisions — Scope — Fines imposed for an infringement of the competition rules — Included — Infringement by reason of the application of guidelines for the calculation of fines in relation to an infringement prior to their introduction — Foreseeability of changes introduced by the Guidelines — No infringement (Council Regulation No 1/2003, Art. 23; Commission Communication 2006/C 210/02)) (see paras 82-91)

    9. 

    Competition — Fines — Amount — Determination — Whether the Commission is obliged to abide by its previous decision-making practice — No such obligation — Raising of the general level of fines — Lawfulness (Art. 101 TFEU; Council Regulation No 1/2003, Art. 23(2) (see paras 92, 93)

    10. 

    Appeal — Grounds — Review by the Court of the General Court’s assessment of the need to provide additional information — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU) (see para. 108)

    11. 

    Judicial proceedings — Duration of the proceedings before the General Court — Reasonable time — Dispute concerning whether there has been an infringement of the competition rules — Failure to act within a reasonable time — Consequences — Non-contractual liability pursued by means of an action for compensation (Charter of Fundamental Rights of the European Union, Art. 47, second para.) (see paras 116-121)

    12. 

    Appeal — Grounds — Plea alleging that the General Court failed to respond to a plea — Rules on submission (Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 138)

    Operative part

    The Court:

    1. 

    Dismisses the appeals in Cases C‑490/15 P and C‑505/15 P;

    2. 

    Orders Ori Martin SA to pay the costs in Case C‑490/15 P

    3. 

    Orders Siderurgica Latina Martin SpA (SLM) to pay the costs in Case C‑505/15 P.


    ( 1 ) OJ C 406, 7.12.2015.

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