Case T-78/06: Action brought on  24 February 2006  — Armando Álvarez v Commission of the European Communities
Date: 2006-02-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), plastics industry, unlawful agreement

C 121/14

EN

Official Journal of the European Union

20.5.2006

Action brought on 24 February 2006 — Armando Álvarez
v Commission of the European Communities

Action brought on 16 March 2006 — Studio Bichara e.a. v
Commission

(Case T-78/06)

(2006/C 121/24)

(Case T-86/06)

(2006/C 121/25)

Language of the case: Spanish

Language of the case: Italian

Parties

Parties

Applicant: Armando Álvarez (Madrid, Spain) (represented by: E.
Garayar and A. García Castillo, lawyers)

Defendant: Commission of the European Communities

Applicants: Studio Bichara SrL, Riccardo Bichara and Maria
Proietti (Rome, Italy) (represented by: M. Pappalardo and M.C.
Santacroce, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Declare the present action for annulment admissible;

Form of order sought

— Annul Decision C(2005) 4634 Final of 30 November 2005,
in Case COMP/F/38.354 in so far as it imputes liability to
Armando Álvarez, S.A.;

— Order

the Commission to pay all costs

incurred by

Armando Álvarez, S.A. in the present proceedings.

Pleas in law and main arguments

This action seeks annulment of Commission C(2005) 4634
Final of 30 November 2005 in Case COMP/F/38.354 — indus-
trial bags. In the contested decision, the Commission states that
the applicant, together with other companies, infringed Article
81 EC by participating,
in agree-
ments and concerted practices in the industrial plastic bag
the Netherlands, Luxembourg,
sector in Germany, Belgium,
the
these infringements,
Spain and France.
Commission imposed a fine on the applicant jointly and sever-
ally with Plásticos Españoles, S.A.

in the period 1991-2002,

In respect of

In support of its claim, the applicant alleges that the Commis-
sion wrongly assessed the facts and infringed the principle of
the presumption of
innocence and the claimant's rights of
defence.

— Hold the Commission Delegation in Papua New Guinea
liable for non-contractual damages and OLAF liable for
non-contractual damages in connection with Project No
8.ACP.PNG.003;

— order the Commission and OLAF to pay compensation for
damage suffered as a result of unlawful conduct in the
execution of Project No 8.ACP.PNG.003 provisionally
assessed at Euro 5 884 873,99;

— order the Commission to pay the costs.

Pleas in law and main arguments

This action concerns a claim for compensation for damage
suffered by the applicant company, an Italian engineering
consultancy which operated for a number of years in the
context of EU funded programmes, as a result of the conduct
of officials of
the Commission Delegation in Papua New
Guinea and the European Anti-Fraud Office (OLAF) in relation
to contract
services No 8.ACP.PNG.003, which was
supported by the European Development Fund.

for

It should be noted in this regard that in December 1999 the
applicant company was awarded the contract in question to
design improvement works for nine education establishments
in a number of regions in Papua New Guinea.