25.9.2004   

EN

Official Journal of the European Union

C 239/13


JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2004

in Case T-50/00: Dalmine SpA v Commission of the European Communities (1)

(Competition - Cartels - Markets for seamless steel pipes and tubes - Duration of the infringement - Fines)

(2004/C 239/26)

Language of the case: Italian

In Case T-50/00: Dalmine SpA, established in Dalmine (Italy), represented by M. Siragusa and F. Moretti, lawyers, with an address for service in Luxembourg, against Commission of the European Communities (Agents: M. Erhart and A. Whelan, assisted by A. Dal Ferro, lawyer, with an address for service in Luxembourg) — application for annulment of Commission Decision 2003/382/EC of 8 December 1999 relating to a procedure under Article 81 of the EC Treaty (Case IV/E-1/35.860-B — Seamless steel tubes) (OJ 2003 L 140, p. 1) or, alternatively, for a reduction in the amount of the fine imposed on the applicant — the Court of First Instance (Second Chamber), composed of N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, gave a judgment on 8 July 2004, in which it:

1.

Annuls Article 1(2) of Commission Decision 2003/382/EC of 8 December 1999 relating to a proceeding under Article 81 EC (Case IV/E–1/35.860-B Seamless steel tubes) in so far as it finds that the infringement imputed to the applicant by that provision existed before 1 January 1991;

2.

Fixes the amount of the fine imposed on the applicant in Article 4 of Decision 2003/382 at EUR 10,080,000;

3.

Dismisses the remainder of the application;

4.

Orders the applicant and the Commission to bear their own costs.


(1)  OJ C 149 of 27.5.2000.