8.12.2007   

EN

Official Journal of the European Union

C 297/36


Judgment of the Court of First Instance of 25 October 2007 — Riva Acciaio v Commission

(Case T-45/03) (1)

(Agreements, decisions and concerted practices - Producers of reinforcing bars - Decision establishing an infringement of Article 65 CS - Decision based on the ECSC Treaty after expiry of that treaty - Lack of competence of the Commission)

(2007/C 297/74)

Language of the case: Italian

Parties

Applicant: Riva Acciaio SpA (Milan, Italy) (represented by: A. Pappalardo, M. Merola, M. Pappalardo and F. Martin, lawyers)

Defendant: Commission of the European Communities (represented by: L. Pignataro-Nolin and A. Whelan, Agents, and P. Manzini, lawyer)

Intervener in support of the applicant:Italian Republic (represented by: I. Braguglia and M. Fiorilli, Agents)

Re:

Application for annulment of Commission Decision C(2002) 5087 final of 17 December 2002, relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars).

Operative part of the judgment

The Court:

1.

Annuls Commission Decision C(2002) 5087 final of 17 December 2002 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars) with regard to Riva Acciaio SpA;

2.

Orders the Commission to bear its own costs and to pay those incurred by Riva Acciaio;

3.

Orders the Italian Republic to bear its own costs.


(1)  OJ C 101, 26.4.2003.