Case T-111/05: Action brought on 25 February 2005 by UCB SA against the Commission of the European Communities
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, control of restrictive practices, fine, unlawful agreement

C 115/32

EN

Official Journal of the European Union

14.5.2005

Action brought on 25 February 2005 by UCB SA against
the Commission of the European Communities

ment would have the effect, if not the object, of avoiding
the application of the rules on limitation;

(Case T-111/05)

(2005/C 115/57)

(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 25 February 2005 by UCB SA,
Brussels, represented by Jacques Bourgeois, Jean-François Bellis
and Martin Favart, lawyers.

The applicant claims that the Court should:

— the Commission was wrong to impose a fine on the appli-
cant in respect of both the worldwide cartel, when that
infringement was already time-barred, and the intra-Com-
in the light of the Commission's leniency
munity cartel,
notices. If the defendant had drawn that distinction, as it
should have done, it would necessarily have arrived at the
conclusion that no fine must be imposed in this case;

— in the alternative, the infringement found against the appli-
cant would have been time-barred, in the absence of the
information voluntarily supplied by the applicant itself in
1999.

(1) Not yet published in the OJEU.

— annul the Commission Decision of 9 December 2004 in
Case COMP/E-2/37.533 relating to a proceeding under
Article 81 EC — Choline Chloride;

Action brought on 28 February 2005 by Angel Angelidis
against the European Paliament

— at the very least, annul the fine imposed on UCB by that

decision, or substantially reduce the amount thereof;

— order the Commission to pay the costs.

Pleas in law and main arguments

The decision contested in the present case is the same as that
forming the subject-matter of Case T-101/05 BASF v Commis-
sion (1). By that decision, the Commission found that the six
companies to which the decision was addressed infringed
Article 81(1) of the EC Treaty by participating in a series of
agreements and concerted practices consisting of price fixing,
market sharing and agreed actions against competitors (control
of processors) in the choline chloride sector in the European
Economic Area. That anti-competitive conduct manifested itself
at two different but closely-linked areas, namely world level
and European level.

In support of its application, the applicant claims:

— that the contested decision was wrong to characterise the
infringement as a single and continuous infringement,
when in reality there must be two separate infringements: a
worldwide cartel, from October 1992 to April 1994, and
an intra-Community cartel, from March 1994 to September
1998. In the applicant's submission, the Commission's argu-

(Case T-113/05)

(2005/C 115/58)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 28
February 2005 by Angel Angelidis, residing in Luxembourg,
represented by Eric Boigelot, lawyer.

The applicant claims that the Court should:

— annul the decision taken by the Secretary-General of Parlia-
ment on 24 March 2004 to reject the candidature of the
applicant for the A2 post of Director D (Budgetary Affairs)
in the ‘Internal Policies’ DG (Notice of Vacancy No 10069)
to which another candidate was appointed;

— annul the appointment of the other candidate for the post;