Case T-78/03: Action brought on 4 March 2003 by Haladjian Frères against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, complaint to the Commission, construction equipment

C 112/36

EN

Official Journal of the European Union

10.5.2003

Pleas in law and main arguments

This action is brought against the same Decision as has already
been challenged in Case T-27/03 S.P. v Commission.

The pleas in law and main arguments are similar to those put
forward in that case.

In support of its application, the applicant claims that the
Commission was under an obligation to act following the
applicant’s observations. Thus the Commission should either
have initiated a procedure against the company against which
the complaint had been made or adopted a definitive decision
rejecting the complaint.

The applicant further claims that the Commission did not
adopt a position within a reasonable period since, 16 months
after the applicant submitted its observations and 9 years after
the initial complaint was lodged, the Commission has still not
adopted a definitive position.

Action brought on 4 March 2003 by Haladjian Frères
against the Commission of the European Communities

(Case T-78/03)

(2003/C 112/69)

(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 4 March 2003 by Haladjian Frères,
whose registered office is in Sorgues (France), represented by
Nicole Coutrelis, lawyer.

The applicant claims that the Court should:

— declare, pursuant to Article 232 of the Treaty, that the
Commission has failed to adopt a decision following the
complaint submitted by the company Haladjian on
18 October 1993;

— order the Commission to pay the costs.

Pleas in law and main arguments

Nearly 10 years ago, the applicant submitted a complaint to
the Commission concerning an infringement by Caterpillar of
Articles 81 and 82 of the EC Treaty. The applicant states that
the inquiry into the case was unusually long and that it was
only 8 years later that the Commission sent it a letter advising
of its intention to reject the complaint. The applicant submitted
its observations on that letter and waited a year before putting
the Commission on notice. It points out furthermore that the
Commission had still not adopted a position when the present
action was lodged.

Action brought on 27 February 2003 by Industrie Riunite
Odolesi I.R.O. S.p.A. against the Commission of the
European Communities

(Case T-79/03)

(2003/C 112/70)

(Language of the case: Italian)

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 2003 by the above
applicant, represented by Prof. A. Giardina, lawyer.

The applicant claims that the Court should:

— annul the contested decision;

— in the alternative, cancel or reduce the fine imposed on

IRO in the decision;

— in any event, order the Commission to pay the costs.

Pleas in law and main arguments

This action is brought against the same Decision as has already
been challenged in Case T-27/03 S.P. v Commission.

The pleas in law and main arguments are similar to those put
forward in that case.