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The product with which the contested Decision is concerned is welded steel mesh. Hard grey or [ It claims that it had no interest in exporting to the German market because it had a wholly owned subsidiary in Germany through which it was kept fully informed of the decisions taken by the German structural crisis cartel and, also, it made its German treilis through or by agreement with that subsidiary.
The Court finds that the increase in the applicant’ s exports to Germany recorded between and is indicative of the interest which the German market presented for the applicant and therefore contradicts its treillie that its ownership of a subsidiary in Germany meant that it had no interest in exporting to that market.
Arguments of the parties 34 The applicant denies having participated in treills actual application of the quotas or having been allocated the quota of 2.
Languages and formats available. Forms of order sought 16 The applicant claims that the Court should: Why choose products that are certified by AFCAB Choose cut, bent or welded steels certified by AFCAB, choose a fixing company certified by AFCAB, provides to the contractor and to the user the guarantee that the reinforcing steel will not break the quality of the building, from the design to the construction.
Advertisements or commercial links. Findings of the Court 87 Article 85 1 of the Treaty prohibits as incompatible with the Common Market all agreements between undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the Common Market, and in particular those which directly or indirectly fix purchase or selling prices or any other trading conditions or share markets or sources of supply.
Action for annulment – unfoundedAppeal against penalty – successful Applicant: The contractors are able to control the quality of the whole reinforcing process thanks to the certifications delivered by AFCAB mark: Garden door, house door, porch and balcony railings are all.
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Tecnomallas, founded inis a family run Company with strong links with adeets enclosure systems’ area for years, and. That set of agreements was put into effect between the start of and the end of and was formalized by the adoption on 14 October of a “protocol of agreement” concluded for the period 1 July to 31 December Garden door, house door, porch and balcony railings are all [ Concurrence, Journal du droit international p.
Offrez vous le savoir-faire d’un treillis soud apprci et reconnu par des gnrations de btisseurs. Court of First Instance Country or organisation from which the decision originates: These panels are filled with [ This cage is a cube of 2 x 2 x 2 m, composed of eight detachable panels of 2 x 1 m each, with [ Note that your submission may not appear immediately on our site.
It maintains that it did not become a member of ADETS until and that it never expressed its agreement to the content of those documents.
The Afets considers that, in those circumstances, the fact that the applicant did not sign the protocol does not mean that it did trei,lis participate in the agreements. Findings of the Court The Court points out that the agreements in which the applicant participated had the object and effect of fixing prices and volumes of exports and imports on the market of the original Member States of the Community and that, contrary treilpis the applicant’ s assertions, the effects of those agreements cannot in any circumstances be regarded as negligible.
Thank You for Submitting Your Review,! It contends that the tables produced by the applicant prove nothing since they do not contain data comparable to the ADETS documents and that, in any event, deliveries well in excess of the quota did not take place until after the date specified by the Decision as marking the end of the infringement points 73 and 76 of the Decision.
Thank you very much for your vote! It considers that the Commission should have taken as a basis for its calculation the average turnover for the entire period considered. Please click on the reason for your vote: A concrete engineers and computer scientist’s team, lead by Jean-Jacques. Notes relating to the decision: If producers thought that concertation was necessary because of the structural crisis in the welded steel mesh sector, they should nevertheless have observed the EEC Treaty rules.
Enter the e-mail address of the recipient Add your own personal message: Since the applicant did not avail itself of that opportunity, it cannot use the allegation of inaction by the Commission as a pretext for setting up secret agreements contrary to Article 85 1 of the Treaty. The Commission initiated the procedure provided for in Article 3 1 of Regulation No 17 and, on 12 Marcha statement of objections was sent to the undertakings concerned, which replied to it.
Article 3 The following fines are hereby imposed on the undertakings named below in respect of the infringements found in Article 1: About AFCAB AFCAB is an independent body settled in to deliver certificates of conformity to companies that manufacture or fix on site concrete reinforcing steels or their accessories. This cage is a cube of 2 x 2 x 2 m, composed of eight detachable panels of 2 x 1 m each, with.
Moreover, it must be pointed out that the Decision point took account of the fact that in certain cases the agreed prices and quantities were not observed by the parties, as a result of which the direct economic consequences of those infringements were somewhat palliated.
Orders the applicant to bear its costs and to pay three-fifths of the Commission’ s costs; 4. Summary Parties Grounds Decision on costs Operative part. Article 2 The undertakings named in Article 1 which are still involved in the welded steel mesh sector in the Community shall forthwith bring the said infringements to an end if they have not already done so and shall henceforth refrain in relation to their welded steel mesh operations from any agreement or concerted practice which may have the same or similar object or effect.
Where an undertaking participates, even if not actively, in meetings held by undertakings with a view to fixing the prices of their products and does not publicly distance itself from what occurred at them, thus giving the impression to the other participants that it subscribes to the results of the meetings and will act in conformity with them, it may be concluded that it is participating in the restrictive arrangements resulting from that meeting. EU case law Case law Digital reports Directory of case law.
You helped to increase the quality of our service. Orders the Commission to bear two-fifths of its costs. The undertakings named in Article 1 which are still involved in the welded steel mesh sector in the Community shall forthwith bring the said infringements to an end if they have not already done so and shall henceforth refrain in relation to their welded steel mesh operations from any agreement or concerted practice which may have the same or similar object or effect.
In that regard, it must be observed that German, Belgian, Italian, French and Dutch producers participated in those agreements. Consequently, the question whether the applicant intended partitioning the markets, thereby infringing Article 85 of the Treaty, is irrelevant.
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The Commission therefore addressed the Decision to the latter. The applicant’ s complaint must therefore be rejected.
AFCAB is an independent body settled in to deliver certificates of conformity to companies that manufacture or fix on site concrete reinforcing steels or their accessories. The first alleges infringement of Article 85 1 of the Treaty and the second infringement of Article 15 2 of Regulation No The Commission was therefore right to find that the agreements in which the applicant participated were liable to affect trade between Member States.
According to the Decision point 22the restrictions of competition derived from a set of agreements or concerted practices fixing prices and delivery quotas and sharing markets for welded steel mesh. Moreover, the Commission emphasizes that annex 42 was prepared in respect of March but relates to deliveries of welded steel mesh on the French market, giving cumulative figures for the entire period from July to Marchin exactly the same way as the table in point 65 of the Decision.