Arcelormittal Luxembourg v Commission C-216/09: ECJ 26 Oct 2010

Appeals – Competition – Agreements on the market for beams – Annulment of a Commission decision – Adoption of a new decision after the expiry of the ECSC Treaty – Jurisdiction of the Commission – Choice of legal basis – Application of the Article 65 CA after the expiry date of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Continuity of the Community legal order and consistency of the Treaties – Principles governing the application of the law over time – Attributability of infringements – Principle of personal liability – Exceptions – Liability of a parent company for infringements of competition law committed by its subsidiary – Decisive influence exercised by the parent company – Rebuttable presumption in the event of holding a 100% – Responsibility of the company to which have the economic activities were transferred to the market concerned by the cartel – Criterion of economic continuity – Rules applicable to the limitation of proceedings – Interruption of the limitation period with regard to undertakings ‘that participated in the infringement’ – Object of suspension of the limitation period – Effect inter partes or erga omnes – Violation of the rights of defense – Burden of proof

Citations:

C-216/09, [2010] EUECJ C-216/09

Links:

Bailii

Jurisdiction:

European

Citing:

See AlsoArcelormittal Luxembourg v Commission ECJ 29-Mar-2011
Appeals – Competition – Agreements, decisions and concerted practices – Community market in steel beams – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Powers of the . .

Cited by:

See AlsoArcelormittal Luxembourg v Commission ECJ 29-Mar-2011
Appeals – Competition – Agreements, decisions and concerted practices – Community market in steel beams – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Powers of the . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 08 July 2022; Ref: scu.425754