Case T-214/01: Action brought on 19 September 2001 by the Bank für Arbeit und Wirtschaft Aktiengesellschaft against the Commission of the European Communities
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: Austria, European Commission, action for annulment (EU), competition law, credit institution, economic concentration

C 331/26

EN

Official Journal of the European Communities

24.11.2001

Action brought on 19 September 2001 by the O¨ sterreichi-
sche Postsparkasse against the Commission of the Euro-
pean Communities

(Case T-213/01)

(2001/C 331/42)

(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 19 September 2001 by the O¨ sterre-
ichische Postsparkasse represented by Rechtsanwälte M. Klus-
mann, F. Wiemer and A. Reidlinger.

The applicant claims that the contested decision infringes its
rights and is unlawful simply because the FPO¨
is not an
applicant within the meaning of Article 3(2) of Regulation
No 17 and Articles 6 and 7 of Regulation (EC) No 2842/98.
The FPO¨ does not have any justified interest in bringing the
procedure; it only has a political interest. Furthermore, it did
not make its application before the procedure initiated by the
defendant of its own motion, and it has exhausted or at least
forfeited its right to make an application. Last but not least, by
disclosing the objections, the defendant infringed Article 20 of
Regulation No 17, and/or Article 287 EC, and the principle of
the protection legitimate expectations.

(1) Commission Regulation (EC) No 2842/98 of 22 December 1998
on the hearing of parties in certain proceedings under Articles [81]
and [82] of the EC Treaty.

The applicant claims that the Court should:

— annul the defendant’s decision of 9 August 2001 in Case

COMP/36.571 — Austrian banks;

Action brought on 19 September 2001 by the Bank
für Arbeit und Wirtschaft Aktiengesellschaft against the
Commission of the European Communities

— order the defendant to pay the costs.

Pleas in law and main arguments

In May 1997 the Commission, on the basis of information
potentially incriminating to various Austrian credit institutions
law, began Article 81 investigations under
under cartel
Article 3(1) of Council Regulation No 17 into the applicant
and seven other Austrian banks.

In June 1997 the Freiheitliche Partei O¨ sterreichs (FPO¨ ) asked
the Commission to commence a procedure under Article 81
EC against eight Austrian banks suspected of entering into
restrictive agreements.

In September 1999 the defendant sent
the applicant a
statement of objections relating to infringement of Article 81
EC. The defendant later informed the applicant that it intended
to disclose to the FPO¨
the objections raised in the
proceedings under Article 7 of Regulation (EC) No 2842/98 (1).
The applicant objected to such disclosure, claiming it to be
impermissible.

all

In November 2000 the defendant sent the applicant a sup-
plementary statement of objections and finally informed the
applicant in a contested decision that it intended to transmit
both statements of objections to the FPO¨ . The applicant is
challenging that decision.

(Case T-214/01)

(2001/C 331/43)

(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 19 September 2001 by the Bank
für Arbeit und Wirtschaft Aktiengesellschaft, Vienna, rep-
resented by H.J. Niemeyer, with an address for services in
Luxembourg.

The applicant claims that the Court should:

— annul the defendant’s decision of 25 July 2001 in Case

COMP/36.571 — Austrian banks;

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those in
Case T-213/01 (O¨ sterreichische Postsparkasse AG v Com-
mission, not yet published).