Fines of over €68m and €32m imposed on Ciba/BASF and Elementis respectively for participation in the heat stabilisers cartel were lifted on 4 July 2011. The Commission took the decision to remove the fines following clarification by the European Court of Justice (ECJ) in an unrelated case (ArcelorMittal), concerning the rules on limitation periods for breach of the EU procurement rules. Under the Commission’s procedural rules (Article 25(5) of Regulation 1/2003), the Commission has 10 years in which to impose fines for infringements. Although Ciba/BASF and Elementis had both ended their participation in the cartel in 1998, the Commission, in its original decision in November 2009, stated that the limitation period for its decision was suspended for all cartel participants pending court action brought by several of the companies. However, in the ArcelorMittal decision, on 29 March 2011, the ECJ clarified that the suspension rule only relates to the party bringing the action. As such, the limitation period to impose fines against Ciba/BASF and Elementis had expired before the date of the Commission's decision. The fines imposed on other participants in the heat stabilisers cartel are unaffected.