Case T-132/02: Action brought on 18 April 2002 by Distribuidora Vizcaína de Papeles Sociedad Limitada against the Commission of the European Communities
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, European Economic Area, action for annulment (EU), fraud, offence, paper

C 144/62

EN

Official Journal of the European Communities

15.6.2002

The applicant claims that the Court should:

explained the very difficult position in which it found itself to
the Commission and the crisis situation should have induced
the Commission to impose lower fines.

— annul the Commission’s decision of 20 December 2001
relating to a procedure under Article 81 of the EC Treaty
and Article 53 of the EEA Agreement (Case COM P/E-1/
36.212 — photocopying paper);

(1) OJ 1996 C 207, p. 4.

— substantially reduce the amount of the fine imposed by

the Commission;

— order the Commission to pay all the costs.

Pleas in law and main arguments

Action brought on 18 April 2002 by Distribuidora Vizcaı´-
na de Papeles Sociedad Limitada against the Commission
of the European Communities

By the contested decision, the Commission found that the
applicant and 10 other undertakings had infringed Article
81(1) of the EC Treaty and Article 53(1) of the EEA Agreement
by taking part in a number of agreements and concerted
practices in the photocopying paper sector whereby they
agreed on price increases, allocated sales quotas and fixed
market shares, and put in place a mechanism enabling them
to monitor implementation of these restrictive agreements.

The applicant argues that the Commission made a manifest
error of assessment in claiming that it participated in the cartel
from May 1992 to September 1995. The applicant accepts
that it participated from October 1993 to July 1995 only. The
Commission has not shown that the applicant participated in
the cartel before October 1993 and after July 1995. The
decision should therefore be annulled.

In the alternative, the applicant requests a reduction in the fine
imposed. It argues that given that it only was a party to the
infringement during the abovementioned period, the amount
of the fine should be reduced by 48 %.

Furthermore,
it claims that the fine is disproportionate in
relation to its liability for the infringement, and that the
Commission misapplied the Commission notice on the non-
imposition or reduction of fines in cartel cases (1).

(Case T-132/02)

(2002/C 144/120)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 April 2002 by Distribuidora
Vizcaı´na de Papeles Sociedad Limitada established in Derio
(Vizcaya, Spain), represented by Eduardo Pérez Medrano and
Ignacio Delgado Gonza´lez.

The applicant claims that the Court should:

— annul Decision C(2001) 4573 final CORR of 20 Decem-
ber 2001 in Case COMP/E-1/36.212 — carbonless copy
paper, in so far as it imputes to the applicant, as well as
participation in collusive arrangements relating to the
Spanish market, membership of a cartel which covered
the whole of the common market and the EEA, and,
in the alternative, reduce the fine imposed by the
Commission;

— order the Commission to pay the costs.

The applicant’s participation should have resulted in the
Commission proposing a 75 % reduction in the fine.

Pleas in law and main arguments

Finally, the applicant argues that the Commission did not take
into account the defensive nature of the cartel. The applicant

This action is directed against the same Commission decision
as that which is challenged in Case T-109/02 Bolloré v
Commission (1).

15.6.2002

EN

Official Journal of the European Communities

C 144/63

In support of its claims, the applicant maintains that the
Commission infringed both Article 81 of the EC Treaty and
Article 53 of the EEA Agreement, since it failed to take into
account, or incorrectly assessed, the nature and actions of the
applicant undertaking and did not establish that the applicant
participated in the alleged meetings or the alleged collusive
arrangements within the Spanish market or in the agreements
and concerted practices as a whole, which are described in the
contested decision.

It is stated in that regard that the applicant is a small family-
style undertaking which distributes and processes carbonless
copy paper and that it neither manufactured nor exported to
markets other than the Spanish market during the period of
the infringement. Furthermore, attention is drawn to its
modest economic size and the limited scale of its business as
compared with the other parties alleged to be involved.

As regards the fine imposed, it is submitted that quantification
thereof involved:

— breach of the principles of proportionality and equal

treatment;

— incorrect determination of the period of infringement;

— failure to take account of the mitigating circumstances

attendant upon the applicant’s situation.

(1) Not yet published in the Official Journal.

Removal from the register of Case T-30/98 (1)

(2002/C 144/122)

(Language of the Case: English)

By order of 16 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-30/98:
Dr. Peter Stott v Conseil de l’Union européenne and Com-
mission of the European Communities.

(1) OJ C 184 of 13.6.1998.

Removal from the register of Case T-370/00 (1)

(2002/C 144/123)

(Language of the Case: English)

By order of 5 February 2002 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-370/00: N.V. Master Foods S. A. v Commission of the
European Communities.

(1) OJ C 79 of 10.3.2001.

Removal from the register of Case T-113/97 (1)

(2002/C 144/121)

(Language of the Case: French)

Removal from the register of Case T-42/01 (1)

(2002/C 144/124)

(Language of the Case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

By order of 24 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-42/01:
Syndicat des employés, techniciens et cadres de la F.G.T.B. v
Commission of the European Communities.

(1) OJ C 199 of 28.6.1997.

(1) OJ C 118 of 21.4.2001.