26.1.2008 |
EN |
Official Journal of the European Union |
C 22/13 |
Judgment of the Court (Second Chamber) of 6 December 2007 — Commission of the European Communities v Ferriere Nord SpA
(Case C-516/06 P) (1)
(Appeal - Competition - Commission decision - Fine - Enforcement - Regulation (EEC) No 2988/74 - Limitation period - Acts adversely affecting a party - Inadmissibility)
(2008/C 22/24)
Language of the case: French
Parties
Appellant: Commission of the European Communities (represented by: V. Di Bucci and F. Amato, Agents)
Other party to the proceedings: Ferriere Nord SpA (represented by: W. Viscardini and G. Donà, avvocati)
Re:
Appeal against the judgment of the Court of First Instance of 27 September 2006 in Case T-153/04 Ferriere Nord SpA v Commission by which the Court of First Instance annulled the Commission decisions notified by letter of 5 February 2004 and by facsimile of 13 April 2004 concerning the outstanding balance of the fine imposed on the applicant by Commission Decision 89/515/EEC of 2 August 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.553 — Welded steel mesh)
Operative part of the judgment
The Court:
1. |
Sets aside the judgment of the Court of First Instance of the European Communities of 27 September 2006 in Case T-153/04 Ferriere Nord v Commission; |
2. |
Declares the action for annulment brought by Ferriere Nord SpA against the decisions of the Commission of the European Communities notified by letter of 5 February 2004 and by fax of 13 April 2004 concerning the outstanding balance of the fine imposed on Ferriere Nord SpA by Commission Decision 89/515/EEC of 2 August 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/31.553 — Welded steel mesh) inadmissible. |
3. |
Orders Ferriere Nord SpA to pay the costs of both sets of proceedings. |