82/866/EEC: Commission Decision of 14 December 1982 relating to a proceeding under Article 85 of the EEC Treaty (IV/29.629 - Rolled zinc products and zinc alloys) (Only the French and German texts are authentic)

• Articles: 7

Article 1

1. The concerted action taken in 1976 by CRAM and RZ with a view to protecting the German market against parallel imports of rolled products by Schiltz constitutes an infringement of Article 85 of the Treaty.

2. The agreement concluded in 1976 between CRAM and Schiltz on the one hand, and between RZ and Schiltz on the other requiring the latter to resell rolled zinc products in a specific country with the object of restricting parallel imports into the Community constituted an infringement of Article 85 of the Treaty.

Article 2

1. For their involvement in the infringement referred to in Article 1 (1), the following fines are hereby imposed on the following undertakings:

- CRAM, a fine of 400 000 (four hundred thousand) ECU, i.e. FF 2 625 000,

- Rheinische Zinkwalzwerk GmbH and Co., a fine of 500 000 (five hundred thousand) ECU, i.e. DM 1 157 230.

2. These fines shall be paid

- by CRAM to Société Générale de Paris to the account of the Commission of the European Communities, No 5 770 006 5,

- by RZ to SAL Oppenheim, Cologne to the account of the Commission of the European Communities, No 64910,

within three months of the date of notification of this Decision.

Article 3

The reciprocal assistance contract dated 5 August 1974 between CRAM, RZ and VM constitutes an infringement of Article 85 of the Treaty.

Article 4

The following provisions of the contract of 4 May 1971 between CRAM and PYA constitute an infringement of Article 85 of the Treaty:

1. Undertaking by PYA to refrain from manufacturing rolled zinc products (Article I.14).

2. Undertaking by CRAM not to increase its production capacity in the field of zinc alloys as long as that of PYA does not exceed 15 000 tonnes per year, and to reduce, if necessary, its own production by having up to 5 000 tonnes per year produced on its behalf by PYA (Article II.6 and 8).

3. Mutual undertaking by CRAM and PYA to cooperate with a view to creating new alloy production capacity once PYA's production has reached 15 000 tonnes per year (Article II.7).

4. Undertaking by PYA to procure rolled products only from CRAM in respect of part (sale in France) of its requirements (Article I.2), to grant it preferential treatment on equal terms in respect of the remainder (Article I.10), and to 'comply with the rules of fair competition' when selling rolled products acquired from third parties in the event of CRAM's being unable to supply (Article I.13); prohibition on CRAM exporting rolled products to Greece and Italy (Article I.10) and on PYA importing rolled products save where CRAM is unable to supply (Article I.14).

5. Undertaking by CRAM to grant preferential treatment to PYA in respect of all supplies of alloys.

Article 5

The exclusive rights granted by Prayon to CRAM under their contract of 1 October 1977 as regards jobbing rolling up to a certain tonnage, and the preferential treatment on equal terms which is granted to it above that tonnage or with a view to non-customary sales, constitute an infringement of Article 85 of the Treaty.

Article 6

The parties referred to in Article 7 are hereby ordered to bring to an end forthwith the infringements established and to refrain in future from any contractual provision or concerted practice having the same effect.

Article 7

This Decision is addressed to:

1. in its entirety:

Compagnie royale asturienne des mines

42, avenue Gabriel

F-Paris Cedex 08; 2. as regards Articles 1, 2 and 3:

Rheinisches Zinkwalzwerk GmbH & Co.

Bahnhofstrasse 90

Postfach 4354

D-4354 Datteln;

3. as regards Article 3:

Société des mines et fonderies de zinc de la Vieille Montagne SA

B-4900 Angleur, Liège;

4. as regards Article 4:

Penarroya SA

Tour Maine Montparnasse

33, avenue du Maine

F-75755 Paris;

5. as regards Article 5:

Société de Prayon SA

144, rue J. Wauters

B-4130 Engis.

This Decision shall be enforceable in accordance with Article 192 of the Treaty establishing the European Economic Community.

Done at Brussels, 14 December 1982.

For the Commission

Frans ANDRIESSEN

Member of the Commission