Case T-29/05: Action brought on 20 January 2005 by Deltafina SpA against the Commission of the European Communities
Date: 2005-04-02
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, sanction (EU), tobacco industry, unlawful agreement

2.4.2005

EN

Official Journal of the European Union

C 82/41

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Puleva SA

3. order the Commission to pay the costs.

Mark or sign cited in
opposition:

The national word mark ‘PULEVA-
OMEGA 3’ in respect of goods in
Class 29 (Meat, fish, poultry and
game; preserved, dried and cooked
fruits and vegetables; eggs, milk
and milk products, etc)

Decision of the Opposi-
tion Division:

Rejection of the application

Pleas in law and main arguments

The contested decision is the same as that in Case T-24/05
Standard Commercial and Others v Commission (1). The pleas in
law and main arguments are similar to those relied on in that
case.

The applicant claims in particular that the defendant:

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Infringement of Article 8(1)(b) of
Council Regulation No 40/94

— found that it had participated, even as the lead undertaking,
in a cartel put into effect on a relevant market in which it
was not present;

— failed to identify that relevant market;

— addressed to it a statement of objections without indicating

consistent grounds in support;

— failed to have regard to the duty to state sufficient reasons
for measures, as regards proving that trade was, at least
indirectly or potentially, adversely affected;

Action brought on 20 January 2005 by Deltafina SpA
against the Commission of the European Communities

— wrongly assessed the duration and seriousness of the infrin-
gement, and the aggravating and mitigating circumstances;

(Case T-29/05)

(2005/C 82/73)

(Language of the case: Italian)

— wrongly assessed the applicant's role, and should therefore

reduce the fine imposed on it.

the
The applicant also pleads failure to take account of
maximum limits for fines and of the objective elements relating
to the economic and social context as relevant factors in setting
the fine.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 January 2005 by Deltafina SpA,
established in Orvieto (TR), represented by Roberto A. Jacchia,
Antonella Terranova, Irene Picciano and Fabio Ferraro, lawyers.

The applicant claims that the Court should:

Finally, the applicant pleads infringement of the principles of
equal treatment, non-retroactivity of penalties and protection of
legitimate expectations, as well as misuse of powers, since the
Commission departed from its past practice of imposing purely
nominal penalties on persons who encourage or abet or are
external competitors of cartels, contrary to its declared inten-
tion to depart from the same only for the future.

1. annul Commission Decision C (2004) 4030 final of 20

October 2004 (‘the contested decision’);

(1) Not yet published in the ECR.

2.

in the alternative, annul in part and vary the contested deci-
sion, and accordingly reduce the amount of
the fine
imposed on Deltafina;