Case T-266/03: Action brought on 25 July 2003 by the "CB" Bank Cards Group against the Commission of the European Communities
Date: 2003-10-18
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), electronic money

C 251/12

EN

Official Journal of the European Union

18.10.2003

Action brought on 25 July 2003 by the ‘CB’ Bank Cards
the Commission of
the European
Group against
Communities

disproportionate, since the Commission's investigation of the
notification by the Group was still in progress and there has
been a long and constant tradition of cooperation by the
Group with the Commission's services.

(Case T-266/03)

(2003/C 251/24)

(Language of the case: French)

the Commission of

the European
An action against
Communities was brought before the Court of First Instance
of the European Communities on 25 July 2003 by the ‘CB’
Bank Cards Group, whose registered office is in Paris, repre-
sented by Alain Georges and Javier Ruiz Calzado, lawyers.

(1) First Regulation implementing Articles 85 and 86 of the Treaty (OJ,

English Special Edition, 1959-1962, p. 87).

The applicant claims that the Court should:

Action brought on 30 July 2003 by Socratec — Satellite
Navigation Consulting, Research & Technology-GmbH
against the Commission of the European Communities

— annul the Commission's Decision C(2003) 1524/9 of
7 May 2003, ordering the CB Bank Cards Group and
its subsidiaries to submit
to an investigation under
Article 14(3) of Council Regulation No 17 (1);

(Case T-269/03)

(2003/C 251/25)

(Language of the case: German)

— order the removal from the file of all documents seized
and other evidence brought to the knowledge of the
Commission during the investigation, and their return
to the Group;

the Commission of

An action against
the European
Communities was brought before the Court of First Instance
of the European Communities on 30 July 2003 by Socratec —
Satellite Navigation Consulting, Research & Technology-
GmbH, Regensburg (Germany), represented by M. Adolf and
M. Lüken, lawyers.

— order the Commission to pay the costs incurred by
the Group in connection with the present action for
annulment.

The applicant claims that the Court should:

Pleas in law and main arguments

COMP/M.2903);

— annul the Commission's Decision of 30 April 2003 (Case

In support of its action, the applicant pleads, first, infringe-
ment of the duty to state reasons for the contested decision. As
the Commission failed to state the presumptions it wished to
verify, the applicant found itself unable to grasp the scope of
its duty of cooperation while at the same time preserving its
defence rights. It was also unable to discover whether the
investigation ordered concerned certain measures already
notified to the Commission or other practices. The applicant
also makes a second plea, alleging infringement of
the
principle of proportionality. It first argues that the infringe-
ment of the duty to state reasons, alleged in its first plea, has
prevented either the competent national authorities or the
Court of First Instance itself from reviewing the proportional-
ity of the investigation ordered. In the alternative, it argues
is
recourse to an investigation under Article 14(3)
that

— in the alternative, annul the Commission's Decision of
30 April 2003 (Case COMP/M.2903) in so far as the
decision
undertakings
DaimlerChrysler Services AG, Deutsche Telekom AG and
Cofiroute SA to provide telematic services by means of
the toll system commissioned by the Federal Republic of
Germany;

participating

allows

the

— in the further alternative, order

the Commission to
require DaimlerChrysler Services AG, Deutsche Telekom
AG and Cofiroute SA to postpone completion of the
notified joint venture Toll Collect GmbH until the condi-