Case T-77/03: Action brought on 4 March 2003 by Feralpi Siderurgica S.p.A. against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), building industry, fine, restriction on competition

10.5.2003

EN

Official Journal of the European Union

C 112/35

The applicant furthermore submits that the Commission failed
to take into account the applicant’s smaller total size in relation
to that of the other participants in the infringement while
determining the starting point for the calculation of the fine.
According to the applicant, the Commission should have
applied a downward adjustment for the applicant.

The applicant finally claims that its cooperation with the
investigation qualified for a reduction of 50 % rather than
35 %. The applicant states that it voluntarily provided the
Commission with evidence showing that the infringement
started earlier than known to the Commission.

Action brought on 28 February 2003 by Banco Comercial
dos Açores, SA against the Commission of the European
Communities

(Case T-75/03)

(2003/C 112/67)

(Language of the case: Portuguese)

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 2003 by the Banco
Comercial dos Açores, SA, whose registered office is in Edifício
BCA, Rua Dr. José Bruno Tavares Carreiro, Ponta Delgada,
Azores, represented by Carlos Botelho Moniz and Margarida
Rosado da Fonseca, lawyers.

The applicant claims that the Court should:

— annul the last part of Article 1, together with Articles 2,
3 and 4 of the decision of the Commission of 11 Decem-
ber 2002 ‘on the part of
the scheme adapting the
national tax system to the specific characteristics of the
autonomous region of the Azores with regard to the tax
those provisions refer
reductions’ to the extent that
to undertakings which pursue the financial activities
provided for in Section J (Codes 65, 66 and 67) of the
Statistical Classification of Economic Activities in the
European Community — NACE REV1.1);

— order the Commission of the European Communities to

pay the entire costs.

Pleas in law and main arguments

The contested decision declares compatible with the common
market the aid granted in the form of tax reductions under the
tax system of the Azores, but not as regards the financial
services.

The applicant relies on the following:

— error of law in the application of Article 87 of the EC
Treaty: the measure at issue is of general scope and does
not constitute State aid within the meaning of Article 87
of the EC Treaty. In any event, the Commission has not
demonstrated that the criterion as to effect on trade
between Member States has been met;

— error in the facts set out in the decision: the undertakings
in the financial sector are affected, as are the undertakings
in the remaining business sectors, by the structural
disadvantages acknowledged in the contested decision;

— breach of an essential procedural requirement in that the

statement of reasons is inadequate;

— breach of the principle of equality; and

— breach of the principles of legal certainty and legitimate

expectations.

Action brought on 4 March 2003 by Feralpi Siderurgica
S.p.A. against the Commission of the European Communi-
ties

(Case T-77/03)

(2003/C 112/68)

(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 4 March 2003 by the above
applicant, represented by Prof. G. M. Roberti, A. Franchi and
I. Perego, lawyers,

The applicant claims that the Court should:

— annul wholly or in part the Commission Decision of
17 December 2002 on a proceeding pursuant to Article 6
of the ECSC Treaty (Case COMP/37.956 — concrete
reinforcing bars);

— cancel or reduce the fine imposed pursuant to Article 2

of that decision;

— order the defendant to pay the costs.

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.