Case T-80/03: Action brought on 3 March 2003 by Lucchini S.p.A. against the Commission of the European Communities
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), concrete

C 124/26

EN

Official Journal of the European Union

24.5.2003

The applicant further argues that the fine is flagrantly dispro-
portionate to its economic strength and is therefore a breach
of the principle of proportionality and the Commission’s
guidelines on fines. The Commission also breached the
principle of equal treatment by not fining any of the other
marketing companies involved in the cartel and, furthermore,
by imposing fines on the participating manufacturers which,
measured in relation to turnover, were far lower than that
determined in relation to the applicant. Since the Commission
gave no reason for that worse treatment, there was also an
infringement of the duty to state reasons under Article 253
EC.

The pleas in law and main arguments are identical with those
in the abovementioned case. The applicant claims that there is
no such single undertaking as Siderpotenza-Lucchini and,
therefore, that the applicant is substantially unconnected to
the infringement which is the subject of the decision. In point
of fact, the Commission has not take into account of the fact
that Lucchini SpA has never produced concrete reinforcing
bars.

Action brought on 3 March 2003 by Lucchini S.p.A.
against the Commission of the European Communities

(Case T-80/03)

(2003/C 124/45)

(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 3 March 2003 by Lucchini S.p.A.,
represented by Alberto Santa Maria and Claudio Biscaretti di
Ruffia, lawyers.

The applicant claims that the Court should:

— annul the decision of 17 December 2002 C(2002)5087
final in Case COMP/37.956 — concrete reinforcing bars,
imposing on Lucchini SpA, jointly and severally with S.P.
SpA, previously known as Siderpotenza SpA, a fine of
EUR 16,14 million;

Action brought on 5 March 2003 by the Government
of the Cayman Islands against the Commission of the
European Communities

(Case T-85/03)

(2003/C 124/46)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by the Government
the Cayman Islands, Grand Cayman, Cayman Islands,
of
represented by Ms Eleanor Sharpston, QC.

The applicant claims that the Court should:

— annul the Commission’s decision not to respond to the
urgent request of the Cayman Islands Government to
establish a Partnership Working Party under the Overseas
Association Decision,

— order the Commission to pay the Cayman Islands Govern-

ment’s costs.

— in the alternative,

reduce the fine imposed on the

applicant by the Commission;

Pleas in law and main arguments

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

Pleas in law and main arguments

The present action has been brought against the decision
contested in Case T-27/03 S.P. v Commission.

The Decision challenged in the current case is the Com-
mission’s Decision not to respond to the urgent request of the
applicant for the establishment of a Partnership Working Party
(‘PWP’),
in accordance with Article 7 of Council Decision
2001/822/EC of 27 November 2001 on the association of the
overseas countries and territories (OCTs) within the European
Community (1). The request was made in order to consider
OCT representations in relation to the proposal for a Council
Directive on taxation of savings income in the form of interest
payments and/or the automatic exchange of information.