Case T-52/02: Action brought on 27 February 2002 by Société Nouvelle des Couleurs Zinciques S.A. against the Commission of the European Communities
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, equal treatment, fine, inter-company agreement

C 109/64

EN

Official Journal of the European Communities

4.5.2002

Pleas in law and main arguments

The pleas in law and main arguments are similar to those put
forward in Case T-49/02.

the decision forming the subject-matter of the dispute disre-
gards the principle of proportionality, given the allegedly
totally disproportionate nature of the fine at issue, especially
in relation to that imposed on other undertakings in this and
other recent cases, and as regards the taking into account of
the legal maximum applicable to the fine itself.

Lastly, the applicant pleads infringement of the principle of
non-discrimination.

Action brought on 27 February 2002 by Société Nouvelle
des Couleurs Zinciques S.A. against the Commission of
the European Communities

(Case T-52/02)

(2002/C 109/121)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 February 2002 by Société
Nouvelle des Couleurs Zinciques S.A., established at Bouchain
(France), represented by Robert Saint-Esteben and Hugues
Calvet, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— principally, annul Article 3 of the Commission’s decision
of 11 December 2001, in so far as that article imposes a
fine of 1,53 million euros on the applicant;

— alternatively, reduce the amount of that fine very substan-

tially;

— order the Commission to pay the costs.

Pleas in law and main arguments

Action brought on 28 February 2002 by Bayerische Hypo-
und Vereinsbank AG against the Commission of the
European Communities

(Case T-56/02)

(2002/C 109/122)

(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 28 February 2002 by Bayerische
Hypo- und Vereinsbank AG, of Munich (Germany), represented
by W. Knapp, T. Müller-Ibold and B. Bergmann, lawyers.

The applicant claims that the Court should:

— annul the Commission’s decision C(2001) 3693 final of
11 December 2001 in Case COMP/E-1/37.919
(ex 37 391) — Bank charges for currency exchange
within the Euro zone — Germany, in so far as it concerns
the applicant;

— alternatively, cancel or, in the further alternative, reduce
the fine of 28 000 000 euros imposed on the applicant;

— order the Commission to pay the costs.

The decision contested in the present case is the same as that
in Case T-33/02 Britannia Alloys & Chemicals v Commission.
The pleas in law and main arguments put forward by the
applicant are similar to those advanced in Case T-33/02.

According to the applicant, the arbitrary fixing of a basic
amount far in excess of the legal maximum is contrary to
Article 15(2) of Regulation No 17/62, inasmuch as it prevents
the duration of the infringement and the aggravating and
mitigating factors from being taken into account. In addition,

Pleas in law and main arguments

The alleged cartel never existed.
It is apparent from the
information provided by those who attended the meeting of
foreign exchange dealers on 15 October 1997 that, during the
course of that meeting, the discussions concerned technical
aspects of inter-bank trading in foreign currencies and structur-
ing possibilities regarding pricing in retail foreign exchange
trading. The meeting did not involve the conclusion of any
anti-competitive agreement.