Case T-448/05: Action brought on  16 December 2005  — Oxley Threads v Commission
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, iron and steel industry, unlawful agreement, wire

C 48/42

EN

Official Journal of the European Union

25.2.2006

Action brought on 16 December 2005 — Oxley Threads v
Commission

(Case T-448/05)

(2006/C 48/79)

Language of the case: English

Commission's own findings and evidence,
its participation in
the cartel had less importance and impact on competition than
that of other undertakings concerned,
in particular the two
undertakings for which the same starting amount was fixed.

The applicant also contends that the Commission infringed its
obligation to state reasons in assessing the appropriate starting
amount, that it infringed its own guidelines and committed a
manifest error of assessment in failing to take proper account
of the degree of cooperation by the applicant and that
it
infringed its own guidelines, the principle of equal treatment
and committed a manifest error of assessment in categorising
the cartel in question as a ‘very serious’ infringement.

Parties

Applicant: Oxley Threads Ltd (Ashton-Under-Lyne, United
Kingdom) [represented by: G. Peretz, Barrister, M. Rees, K.
Vernon, Solicitors]

Defendant: Commission of the European Communities

Action brought on 29 December 2005 — Componenta
Oyj v Commission of the European Communities

Form of order sought

— Annul Article 2(b) of the Commission's Decision of 14
September 2005 relating to a proceeding under Article 81
EC and Article 53 EEA in case 38.337 — PO/Thread
insofar as it imposes a fine on the applicant of 1.271
million EUR or, in the alternative, reduce that fine;

— order the Commission to pay the costs.

Parties

(Case T-455/05)

(2006/C 48/80)

Language of the case: Finnish

Pleas in law and main arguments

By the contested Decision the Commission found that
the
applicant, among other undertakings, had infringed Article 81
EC and Article 53 EEA by participating in agreements and
concentrated practices affecting the markets of automotive
thread in the EEA. As a result,
it imposed a fine of 1.271
million EUR on the applicant.

In support of its application against the contested Decision, the
applicant contends first of all that the Commission infringed
the principles of equal treatment and proportionality as well as
its own guidelines when it fixed the starting amount for the
fine without taking into account the fact that, contrary to the
other participants, the applicant is a small and medium-sized
enterprise and very much smaller, by reference to any indicator,
to any other participant. According to the applicant,
the
Commission fixed the same starting amount for it as for two
other participants 71 times bigger than it in terms of total turn-
over.
In the same context, the applicant considers that the
Commission failed to take the grossly disproportionate impact
the fine could be expected to have on it into account or the
it was only
fact
becoming established as a significant player in the supply of
automotive thread to customers in the EEA outside the United
Kingdom. Finally, the applicant submits that according to the

the infringements,

the time of

that, at

Applicant: Componenta Oyj (Helsinki, Finland) (represented by:
M. Savola, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— Annul Commission Decision C(2005) 3871 final of 20
October 2005 on State aid granted by Finland to Compo-
nenta as investment aid;

— Order the Commission to pay the applicant's costs with

interest.

Pleas in law and main arguments

The action concerns Commission Decision C(2005) 3871 final
of 20 October 2005 finding that the Finnish State had granted
Componenta State aid prohibited under Article 87 EC (aid No
C 37/2004, ex NN 51/2004).