Official Journal of the European Union

C 193/18

Judgment of the Court of First Instance of 1 July 2009 — ThyssenKrupp Stainless v Commission

(Case T-24/07) (1)

(Competition - Agreements, decisions and concerted practices - Stainless steel flat products - Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty, pursuant to Regulation (EC) No 1/2003 - Alloy surcharge - Powers of the Commission - Imputability of the unlawful conduct - Res judicata - Rights of the defence - Access to the file - Limitation period - Principle of non bis in idem - Cooperation during the administrative procedure)

2009/C 193/26

Language of the case: German


Applicant: ThyssenKrupp Stainless AG (Duisburg, Germany) (represented by: M. Klusmann and S. Thomas, lawyers)

Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre, R. Sauer and O. Weber, Agents)


Application for annulment, in whole or in part, of the Commission’s decision of 20 December 2006 relating to a proceeding under Article 65 [CS] (Case No COMP/F/39.234 — Alloy surcharge — readoption) and, in the alternative, an application for reduction of the fine imposed on ThyssenKrupp Stainless by that decision.

Operative part of the judgment

The Court:


Dismisses the action;


Orders ThyssenKrupp Stainless AG to pay the costs.

(1)  OJ C 82, 14.4.2007.