Judgment_paragraph 2 · Riva Fire SpA , en liquidation v European Commission (C-89/15 P)

2The background to the dispute is set out in paragraphs 16 to 21 of the judgment under appeal:16 From October to December 2000, the Commission carried out a number of verifications pursuant to Article 47 CS at the premises of certain Italian undertakings engaged in the manufacture of reinforcing bars and at the premises of an association of certain Italian steel undertakings. It also sent to them a request to supply information pursuant to Article 47 CS …17 On 26 March 2002, the Commission commenced the administrative procedure and adopted its objections under Article 36 CS (“the statement of objections”) … [Riva] submitted written comments on the statement of objections. A hearing took place on 13 June 2002 …18 On 12 August 2002, the Commission adopted additional objections (“the supplementary statement of objections”) addressed to the same addressees as the statement of objections. In the supplementary statement of objections, based on Article 19(1) of Council Regulation No 17 of 6 February 1962, first regulation implementing Articles [81 and 82 EC] (OJ, English Special Edition 1959-1962, p. 87), the Commission explained its position concerning the further proceedings following the expiry of the ECSC Treaty. [Riva] replied to the supplementary statement of objections on 20 September 2002. A second hearing, in the presence of representatives of the Member States, took place on 30 September 2002 …19 At the end of the procedure, the Commission adopted Decision C(2002) 5087 final of 17 December 2002 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars) (“the 2002 decision”), by which it found that, contrary to Article 65(1) CS, the undertakings to which it was addressed had implemented a single, complex and continuous restrictive practice on the Italian market for concrete reinforcing bars and coils which had as object or effect the fixing of prices, with a view to which the restriction or control of production and/or sales was also concerted … In that decision the Commission imposed … on [Riva] a fine in the amount of EUR 26.9 million.20 On 6 February 2003, [Riva] brought an action before the General Court challenging the 2002 decision. By judgment of 25 October 2007, Riva Acciaio v Commission (T‑45/03, not published, EU:T:2007:318), the General Court annulled the 2002 decision. The General Court held that, having regard, in particular, to the fact that the 2002 decision contained no reference to Article 3 or Article 15(2) of Regulation No 17, the decision was based on Article 65(4) and (5) CS alone … Since those provisions had expired on 23 July 2002, the Commission could no longer derive competence from those provisions, which were no longer in force when it adopted the 2002 decision, in order to establish an infringement of Article 65(1) CS and to impose fines on the undertakings which had allegedly participated in the infringement …21 By letter of 30 June 2008, the Commission informed [Riva] and the other undertakings concerned of its intention to re-adopt the decision, changing the legal basis from that which it had chosen for the 2002 decision. It also explained that, given the limited scope of the judgment [of 25 October 2007,] Riva Acciaio v Commission [(T‑45/03, not published, EU:T:2007:318)], the re-adopted decision would be based on the evidence presented in the statement of objections and in the supplementary statement of objections. The undertakings concerned were given a deadline to submit their observations …’