28.8.2010   

EN

Official Journal of the European Union

C 234/3


Judgment of the Court (Grand Chamber) of 29 June 2010 — European Commission v Alrosa Company Ltd

(Case C-441/07 P) (1)

(Appeals - Dominant position - Regulation (EC) No 1/2003 - World market in rough diamonds - Individual commitments by a company to cease purchasing rough diamonds from another company - Decision making a company’s individual commitments binding and terminating the proceedings)

2010/C 234/03

Language of the case: English

Parties

Appellant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, Agents)

Other party to the proceedings: Alrosa Company Ltd (represented by: R. Subiotto QC, K. Jones, solicitor-advocate, and S. Mobley, solicitor)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 11 July 2007 in Case T-170/06 Alrosa v Commission, annulling Decision 2006/520/EC of 22 February 2006 relating to a proceeding pursuant to Articles 82 EC and 54 EEA (Case COMP/B-2/38.381 — De Beers), making binding the commitments given by De Beers to bring to an end its purchases of rough diamonds from Alrosa with effect from 2009, after a period of progressive reduction of the amounts purchased by it from 2006 to 2008, and bringing the proceedings to an end in accordance with Article 9 of Council Regulation (EC) No 1/2003 (OJ 2003 L 1, p. 1)

Operative part of the judgment

The Court:

1.

Sets aside the judgment of the Court of First Instance of the European Communities of 11 July 2007 in Case T-170/06 Alrosa v Commission;

2.

Dismisses the action brought by Alrosa Company Ltd before the Court of First Instance of the European Communities;

3.

Orders Alrosa Company Ltd to pay the costs both of the appeal and of the proceedings at first instance.


(1)  OJ C 283, 24.11.2007.