Luxembourg, 08/01/2004 (Agence Europe) - In substance the Court of Justice upholds the 2000 ruling of the EU Court of First Instance which essentially confirmed the decision of the European Commission in 1994 to condemn companies involved in the cement cartel.
Fines imposed by the Commission but greatly reduced by the Court of First Instance were maintained at the level decided by the judges of that court, except for that imposed on Ciments français SA, which the Court of Justice has lowered from EUR 13,570,000 to EUR 9,620000. The Court of Justice recognised that, as the company did not take over its Belgian subsidiary until 1990, the turnover of this subsidiary should not have been included in calculating the fine.
On the other hand, the Court of Justice confirms that Aalborg (Portland) should pay the fine of EUR 2,349,000 fixed by the Court of First Instance (the Commission had fixed it at EUR 4,008,000). Aalborg felt that the Court of First Instance had incorrectly imputed to it the infringements committed by the company Aktieselkabet Aalborg Portland-Cement Fabrik, even though its economic activities had been transferred to Aalborg. The Court of Justice has upheld the decision of the Court of First Instance, namely that both companies constitute the same economic entity, a press release states.
The Court of Justice also upholds the fines on: Buzzi Unicem - EUR 6 399 000 (Commission: 11,652,000); Irish Cement - EUR 2,065,000 (3,524,000); Italcementi Fabbriche Riunite Cemento - EUR 25,701,000 (33,580,000); "Cementir" Cementerie del Tirreno - EUR 7,471,000 (8,248,000).
In a 1994 decision, the Commission had condemned these concerted practices and agreements on the European cement market. In March 2000, the Court of First Instance had issued its ruling (see EUROPE of 16 March 2000).