Case T-208/01: Action brought on 10 September 2001 by Volkswagen AG against the Commission of the European Communities
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, motor vehicle industry, selling price

24.11.2001

EN

Official Journal of the European Communities

C 331/23

Action brought on 10 September 2001 by Volkswagen
AG against the Commission of the European Communi-
ties

(Case T-208/01)

(2001/C 331/38)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 September 2001 by Volkswag-
en AG, Wolfsburg (Germany), represented by R. Bechtold,
lawyer.

The applicant claims that the Court should:

— Annul the Commission’s decision of 29 June 2001 (Case

COMP/F-2/36.693 — Volkswagen);

— in the alternative, reduce the fine imposed by Article 2 of

the Decision;

— order the Commission to pay the costs.

Referring to the case-law of the Court of Justice, the applicant
submits that Volkswagen’s written and oral requests were
unilateral measures and not agreements within the meaning of
Article 81(1) EC. They were not incorporated in the dealership
agreement and the Contracting Parties did not subsequently
make them part of the agreement.

Further, the applicant maintains that there is no appreciable
effect on trade between the Member States. It has not been
proved that increasing or decreasing the discount by a few
percentage points would have led to a noticeable increase in
parallel trade.

Finally, the applicant submits that the fine imposed on it is
unfounded. Even supposing that there were infringement of
Article 81(1), the fine is excessively high.

Action brought on 12 September 2001 by Honeywell
International Inc. against the Commission of the European
Communities

(Case T-209/01)

(2001/C 331/39)

Pleas in law and main arguments

(Language of the case: English)

At the time of the launch of the new ‘VW Passat’ onto
the German market, the Volkswagen marketing director for
Germany sent a circular urging German Volkswagen dealers
and garages not to sell the new models for less than the
recommended retail price and to observe ‘strict price disci-
pline’.

On the basis of a complaint made by a car buyer, the
Commission initiated a formal procedure, which led to the
In the Decision, the
adoption of the contested Decision.
Commission found that the applicant, by fixing the selling
price of the VW Passat on the basis of the abovementioned
request, had infringed Article 81(1) EC. A fine of EUR
30,96 million was imposed on the applicant.

In support of its claims, the applicant argues that the conduct
complained of and not disputed by it did not
infringe
Article 81(1) EC. It admits that its employees contravened
German competition law in a way attributable to it. However,
the applicant submits that Article 81(1) does not contain a
prohibition on making recommendations. That provision
prohibits only anticompetitive agreements, decisions and
concerted practices but not requests and mere recommen-
dations.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 September 2001 by Honeywell
International Inc., represented by Paul Lasok QC and Frederic
Depoortere of Skadden, Arps, Slate, Meagher & Flom LLP,
Brussels (Belgium).

The applicant claims that the Court should:

— join the present case with the action brought by General
Electric Co. for annulment of the Commission’s decision
of 3 July 2001,

— order such measures of inquiry (including the hearing as
witnesses or, as the case may be, as experts of the persons
identified in this application) as may appear necessary,

— annul the Commission’s decision of 3 July 2001,

— take such other or further steps as justice may require,

— order the Commission to pay its own and Honeywell’s

costs.