2.2.2015
EN
Official Journal of the European Union
C 34/23
Judgment of the General Court of 9 December 2014 — Riva Fire v Commission
(Case T-83/10) (1)
((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Infringement of essential procedural requirements - Competence of the Commission - Legal basis - Consultation of the Advisory Committee on Restrictive Practices and Monopolies - Rights of the defence - Definition of the geographical market - Application of the principle of lex mitior - Infringement of Article 65 CS - Fines - Gravity and duration of the infringement - Extenuating circumstances - Proportionality - Application of the 1996 Leniency Notice))
(2015/C 034/25)
Language of the case: Italian
Parties
Applicant: Riva Fire SpA (Milan, Italy) (represented by: M. Merola, M. Pappalardo and T. Ubaldi, lawyers)
Defendant: European Commission (represented initially by R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer)
Re:
Primarily, application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, and in the alternative application for a reduction in the amount of the fine imposed on the applicant.
Operative part of the judgment
The Court:
1.
Fixes the amount of the fine imposed on Riva Fire SpA at EUR 2 6 0 93 000;
2.
Dismisses the action as to the remainder;
3.
Orders Riva Fire to bear its own costs and to pay three-quarters of the costs incurred by the European Commission; orders the Commission to bear one-quarter of its own costs.
(1) OJ C 100, 17.4.2010.
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