20.11.2017
EN
Official Journal of the European Union
C 392/2
Judgment of the Court (Ninth Chamber) of 21 September 2017 — Feralpi Holding SpA v European Commission
(Case C-85/15 P) (1)
((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
(2017/C 392/02)
Language of the case: Italian
Parties
Appellant: Feralpi Holding SpA (represented by: G.M. Roberti and I. Perego, avvocati)
Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by M. Moretto, avvocato)
Operative part of the judgment
The Court:
1.
Sets aside the judgment of the General Court of the European Union of 9 December 2014, Feralpi v Commission (T-70/10, not published, EU:T:2014:1031);
2.
Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Feralpi Holding SpA;
3.
Orders the Commission to bear its own costs and to pay those incurred by Feralpi Holding SpA both at first instance and in the present appeal.
(1) OJ C 146, 4.5.2015.
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