Case T-119/02: Action brought on 17 April 2002 by Royal Philips Electronics N.V. against the Commission of the European Communities
Date: 2002-07-13
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), economic concentration, electronic component, electronics, household electrical appliance, lighting, medical device, merger control

13.7.2002

EN

Official Journal of the European Communities

C 169/35

Action brought on 17 April 2002 by Royal Philips
Electronics N.V. against the Commission of the European
Communities

principles of proper administration, in that it has referred
the case to the French authorities with regard to the
impact of the acquisition on the French market, instead
of dealing with the case in full itself.

(Case T-119/02)

(2002/C 169/62)

(Language of the case: English)

(1) OJ 1990 L 257, p. 13.
(2) Not yet published in the OJ.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 April 2002 by Royal Philips
Electronics N.V., represented by Mr E.H. Pijnacker Hordijk and
Ms N. Cronstedt of De Brauw Blackstone Westbroek, The
Hague (The Netherlands).

The applicant claims that the Court should:

Action brought on 17 April 2002 by Mitsubishi HiTec
Paper Bielefeld GmbH against the Commission of the
European Communities

(Case T-122/02)

(2002/C 169/63)

— annul the Approval Decision and the Referral Decision;

(Language of the case: English)

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant in the present case, a Dutch company active in
the areas of lighting, consumer electronics, electrical household
appliances, components, semiconductors and medical systems,
seeks the annulment of two Decisions by the Commission of
8 January 2002 in case COMP/M.2621 — SEB/Moulinex,
regarding the acquisition by Group SEB of the small electrical
appliances business of SA Moulinex under, respectively,
Article 9(3) (the referral Decision) and Article 6(1)(b) and
(2) (the approval Decision) of Regulation No 4064/89, of
21 December 1989, on the control of concentrations between
undertakings (1). The same merger procedure is also the subject
of Case T-114/02 Babyliss/Commission (2).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 April 2002 by Mitsubishi HiTec
Paper Bielefeld GmbH, represented by Mr Andrzej W.J. Kmiecik
and Mr Ivo Van Bael of Van Bael & Bellis, Brussels (Belgium).

The applicant claims that the Court should:

— annul Article 1 of the Decision insofar as it alleges that
the applicant was involved in an infringement before
1 January 1993;

— reduce the amount of the fine imposed on the applicant;

— order the Commission to bear the costs.

In support of its pleas, the applicant submits that:

Pleas in law and main arguments

— the Commission has breached Article 6(1)(c) and 6(2) of
Regulation No 4064/89 and committed a manifest error
in that it
in assessing the relevant facts of the case,
approved the notified concentration in the first phase of
its investigation accepting the commitments offered by
SEB.

— the Commission has breached Articles 6(1)(c), 6(2) and
9(3) of Regulation No 4064/89, Article 253 EC, and the

By the present application, the applicant contests part of the
Commission Decision of 20 December 2001 in case COMP/
E-1/36.212-Carbonless paper, by which the Commission
concluded that the applicant infringed Article 81(1) of the
Treaty and Article 53(1) of the EEA Agreement by participating
in a complex of agreements and concerted practices in the
sector of carbonless paper from January 1992 until September
1995, and imposed a fine on the applicant.