Judgment_paragraph 411 · JFE Engineering Corp., formerly NKK Corp., Nippon Steel Corp., JFE Steel Corp. and Sumitomo Metal Industries Ltd v Commission of the European Communities (T-67/00, T-68/00, T-71/00, T-78/00)

411JFE-Kawasaki states that the Commission ought to have set out the reasons for which it decided not to fine Latin American producers, as it did the Japanese, despite the fact that there was evidence, specifically, in the sharing key document, that they too agreed to apply a system of partial protection as regards Europe. In that connection, JFE-Kawasaki refers to the judgment in Case T-241/97 Stork Amsterdam v Commission [2000] ECR II-309 in which the Court of First Instance held that the Commission has a special obligation to give reasons for its decisions in cases where it decides to adopt a second, different decision on the basis of the same facts.