Case T-120/04: Action brought on 22 March 2004 by Peróxidos Orgánicos, S.A. against the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, fine, inter-company cooperation, organic chemical, oxide, restriction on competition

30.4.2004

EN

Official Journal of the European Union

C 118/47

Action brought on 26 March 2004 by Giuseppe Caló
against the Commission of the European Communities

Finally,
professional reputation and dignity.

the contested decisions undermine the applicant's

(Case T-118/04)

(2004/C 118/101)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 26 March 2004 by Giuseppe Caló,
residing in Luxembourg, represented by Sébastien Orlandi,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

— annul the Commission decisions of 9 July and 1 October
2003 and, in so far as necessary, the decision of the Presi-
dent of the Commission of 29 July 2003;

— order the Commission to pay the applicant one euro by
way of symbolic compensation for non-material damage
suffered;

— order the Commission to pay the costs.

Pleas and main arguments

The applicant in the present case challenges the decision by the
appointing authority to re-assign him, and four other directors
of the DG ESTAT, together with his post, to the duties of prin-
cipal adviser to the Director General of the directorate general
to which he is assigned, as well as the decision to initiate the
procedure for filling the posts for directors of the directorates
ESTAT/B, ESTAT/C, ESTAT/D, ESTAT/E and ESTAT/F, on the
basis of Article 29(1)(a) and (c) and Article 29(2) of the Staff
Regulations.

Those decisions were adopted following the establishment of
irregularities within EUROSTAT.

In support of his claims the applicant pleads:

— infringement of Article 2(1) of the Staff Regulations and the
Commission Decisions of 21 January 1998 and 9
the
November 2001 on the exercise of
appointing authority, inasmuch as the decision to transfer
the applicant to the post of principal adviser was taken by
an authority not having the powers of an appointing
authority;

the powers of

— infringement of the duty to provide a statement of reasons;

— illegality of the vacancy notices COM/173/03, COM/174/
inas-
03, COM/175/03, COM/176/03 and COM/177/03,
much as they establish no framework of legality in regard
to which the institution is to seek to carry out a compara-
tive examination of the candidates' respective merits;

Action brought on 22 March 2004 by Peróxidos Orgá-
the European
nicos, S.A. against

the Commission of
Communities

(Case T-120/04)

(2004/C 118/102)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 March 2004 by Peróxidos Orgá-
nicos, S.A., Barcelona, (Spain), represented by A. Creus and B.
Uriarte, lawyers.

The applicant claims that the Court should:

— annul Articles 1, 2 and 4 of the Commission's decision of
10 December 2003 relating to a proceeding under Article
81 of
the EC Treaty (Case COMP/E-2/37.585 Organic
Peroxides) insofar as they affect the applicant,

— in the alternative, cancel the fine imposed on the applicant,

— order the Commission the pay the costs of these proceed-

ings.

Pleas in law and main arguments:

By the contested decision the Commission found that the appli-
cant, among others, infringed Article 81 of the EC Treaty by
participating in a set of agreements and concerted practices in
the sector of organic peroxides from 1 January 1971 to 31
December 1999. On these grounds, the Commission imposed a
fine of EUR 500.000 on the applicant.

In support of its application, the applicant submits that the
proceedings against it were time barred by virtue of Regulation
2988/1974 (1), since its participation in the infraction ceased in
January 1997 and thus a period longer than five years had
elapsed before the first actions taken by the Commission in the
case in question.

(1) Regulation (EEC) No 2988/74 of the Council of 26 November 1974
concerning limitation periods in proceedings and the enforcement
of sanctions under the rules of the European Economic Community
Journal L 319 ,
relating to transport and competition Official
29/11/1974 P. 1 - 3