Judgment_paragraph 53 · Toshiba Corp. v European Commission (T-404/12)

53As regards Commission Decision 94/215/ECSC of 16 February 1994, re-adopted on 8 November 2006 (Case COMP/38.907 — Steel beams), a new statement of objections was sent as a result of the fact that the earlier statement of objections had been sent to TradeArbed SA, whereas the fine was ultimately imposed on its parent company, Arbed SA. As for Commission Decision 98/247/ECSC of 21 January 1998, re-adopted on 20 December 2006 (Case COMP/39.234 — Alloy surcharge re-adoption), the illegality arose from the fact that, in the final decision, ThyssenKrupp Stainless AG was held liable for the participation of Thyssen Stahl AG in the cartel, without that attribution of liability having first been mentioned in the statement of objections and, consequently, without ThyssenKrupp Stainless having been able to defend itself in that regard. So far as concerns the Commission’s Decision of 20 December 2001 in Case COMP/36.212 — Carbonless paper, re-adopted on 23 June 2010, that decision arose, on the contrary, from the fact that Bolloré SA could not infer from the earlier statement of objections the Commission’s intention to take as a basis its direct involvement in the cartel, and not just the involvement of its subsidiary Copigraph.