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Document 62003TJ0045
Judgment of the Court of First Instance (Fifth Chamber, extended composition) of 25 October 2007.#Riva Acciaio SpA v Commission of the European Communities.#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.#Case T-45/03.
Judgment of the Court of First Instance (Fifth Chamber, extended composition) of 25 October 2007.
Riva Acciaio SpA v Commission of the European Communities.
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.
Case T-45/03.
Judgment of the Court of First Instance (Fifth Chamber, extended composition) of 25 October 2007.
Riva Acciaio SpA v Commission of the European Communities.
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.
Case T-45/03.
European Court Reports 2007 II-00138*
ECLI identifier: ECLI:EU:T:2007:318
Judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 25 October 2007 – Riva Acciaio v Commission
(Case T-45/03)
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
1. ECSC – Agreements, decisions and concerted practices – Commission decision establishing an infringement of Article 65 CS after the expiry of that treaty (Art. 65(1), (4) and (5) CS; Council Regulation No 17, Arts 3 and 15(2)) (see paras 55, 57, 72-73, 77)
2. ECSC – Agreements, decisions and concerted practices – Commission’s competence under Article 65(4) and (5) CS to establish and penalise an infringement of Article 65(1) CS – Disappearance on expiry of the ECSC Treaty (Arts 65(1), (4) and (5) CS and 97 CS; Art. 305(1) EC; Merger Treaty) (see paras 89-92, 94, 96)
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
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. |