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Document C2006/294/92

Case T-153/04: Judgment of the Court of First Instance (First Chamber) of 27 September 2006 — Ferriere Nord v Commission (Competition — Fine — Breach of Article 81 EC — Powers of the Commission in respect of the enforcement of sanctions — Limitation period — Articles 4 and 6 of Regulation (EEC) No 2988/74 — Admissibility)

ĠU C 294, 2.12.2006, p. 44–44 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

2.12.2006   

EN

Official Journal of the European Union

C 294/44


Judgment of the Court of First Instance (First Chamber) of 27 September 2006 — Ferriere Nord v Commission

(Case T-153/04) (1)

(Competition - Fine - Breach of Article 81 EC - Powers of the Commission in respect of the enforcement of sanctions - Limitation period - Articles 4 and 6 of Regulation (EEC) No 2988/74 - Admissibility)

(2006/C 294/92)

Language of the case: Italian

Parties

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

Defendant: Commission of the European Communities (represented by: A. Nijenhuis and A. Whelan, acting as Agents, and by A. Colabianchi, lawyer)

Re:

Annulment of 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) (OJ 1989 L 260, p. 1)

Operative part of the judgment

The Court:

1.

Annuls 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);

2.

Orders the Commission, in addition to bearing its own costs, to pay those of the applicant.


(1)  OJ C 168, 26.6.2004.


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