Case T-28/03: Action brought by Alsen AG against the Commission of the European Communities on 31 January 2003
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for failure to act, fine, redemption

C 124/22

EN

Official Journal of the European Union

24.5.2003

Action brought by Alsen AG against the Commission of
the European Communities on 31 January 2003

event should guarantee costs be imposed upon the applicant
that were necessary for it to pay in pursuing its rights.

(Case T-28/03)

(1) Decision 94/815/EC of 30 November 1994 in Cases IV/33.126

and 33.122 (Cement).

(2) Judgment of 15 March 2000 in Joined Cases T-25/95 and Others

(2003/C 124/39)

[2000] ECR II-491.

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 31 January 2003 by Alsen AG,
Hamburg (Germany),
represented by K. Moosecker and
F. Weimer, lawyers.

The applicant claims that the Court should:

— order the Commission to pay to the applicant the sum of
EUR 139 002,21 together with interest at an overall rate
of 5,75 % for the period from 15 April 2000 until
payment has been made in full;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant seeks an order that the Commission pay the
costs of a guarantee. According to the applicant, those costs
arose because the Commission imposed a fine on the applicant,
by decision (1), for an alleged infringement of Article 81 EC.
By judgment of 15 March 2000 (2) that decision was annulled
by the Court of First Instance in so far as it concerned the
applicant. During the procedure before the Court the applicant
had to lodge securities in the form of two bank guarantees for
the fine during the period April/May 1995 to May 2000,
for which the issuing banks’ charged commission of
the
abovementioned amount.

The applicant claims that under Article 233 EC it has a right
to require the Commission to repay the costs of the guarantees.
The Commission is obliged to adopt the measures that follow
from the judgment of 15 March 2000 and those measures
include the payment of the guarantee costs of the successful
party. The Court of First Instance itself stated in the judgment
that the refund of the cost of guarantees is one of the measures
which the Commission must take under Article 233 EC.

the applicant claims that the Commission’s
Furthermore,
obligation to refund the guarantee costs also follows from
Article 288(2) EC in conjunction with Article 235 EC. In no

Action brought on 13 February 2003 by Knauf Westdeut-
the
sche Gipswerke KG against the Commission of

European Communities

(Case T-52/03)

(2003/C 124/40)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 February 2003 by Knauf
Westdeutsche Gipswerke KG, Iphofen (Germany), represented
by M. Klusmann and F. Wiemer, lawyers.

The applicant claims that the Court should:

— annul Commission Decision C(2002)4570 final of
27 November 2002 in so far as it concerns the applicant;

— in the alternative, reduce appropriately the fine imposed

on the applicant in the contested decision;

— order the defendant to pay the costs.

Pleas in law and main arguments

In the contested decision the Commission found that the
applicant and three other undertakings had infringed
Article 81(1) by participating in a body of agreements and
concerted practices in the plasterboard sector. A fine of EUR
85,8 million was imposed on the applicant.

The applicant contests that decision and claims that it infringes
the applicant’s rights of defence and the principle of the right
to due process of law. It submits, inter alia, that in essence the
decision is based on evidence against it which has never been
made available to the applicant despite its requests to that