Case T-446/05: Action brought on  22 December 2005  — Aman & Söhne and Cousin Filterie v Commission
Date: 2006-03-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, iron and steel industry, unlawful agreement, wire

C 60/42

EN

Official Journal of the European Union

11.3.2006

Action brought on 22 December 2005 — Aman & Söhne
and Cousin Filterie v Commission

(Case T-446/05)

(2006/C 60/81)

Language of the case: German

Parties

Applicants: Aman & Söhne GmbH & Co. KG (Bönnigheim,
Germany) and Cousin Filterie S.A.S. (Wervicq, France) (repre-
sented by: A. Röhling and M. Dietrich)

Defendant: Commission of the European Communities

Form of order sought

The applicants claim that the Court should:

— annul the contested decision in so far as it relates to the

applicants;

— in the alternative, reduce the amount of the fine imposed

on the applicants to an appropriate amount;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicants are challenging Commission Decision C(2005)
3452 final of 14 September 2005 in Case 38.337 — PO/
Thread (supplemented by the defendant's decision C(2005)
3765 of 13 October 2005). In the contested decision fines
were imposed on the applicants for infringement of Article 81
EC and Article 53 of the EEA Agreement.

threads due to wrongful differentiation in establishing the
initial amount, incorrect calculation as regards the duration of
the infringement and wrongful failure to take account of exten-
uating circumstances.

The applicants submit incorrect application of the Guidelines
regarding the automobile industry as their fifth plea in law.
lies in
That infringement by the Commission, they submit,
incorrect calculation of the basic amount and failure to take
account of the fact that the infringement was not implemented.

Lastly, the applicants submit that the defendant infringed the
right to a fair hearing pursuant to Article 27(1) of Regulation
No 1/2003 and the applicants' rights of defence under Article
27(2) of Regulation No 1/2003.

(1) Council Regulation (EC) No 1/2003 of 16 December 2002 on the
implementation of the rules on competition laid down in Articles
81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

(2) EEC Council: Regulation No 17: First Regulation implementing Arti-
cles 85 and 86 of the Treaty (OJ, English Special Edition 1959-
1962, p. 87).

Action brought on 22 December 2005 — Dikigorikos
Sillogos Ioanninon v European Parliament and Council of
the European Union

(Case T-449/05)

(2006/C 60/82)

Language of the case: Greek

In support of their application the applicants rely on six pleas
in law.

Parties

First, they allege infringement of the first sentence of Article
7(1) of Regulation No 1/2003 (1).
In this connection they
submit that the Commission erred in law in Article 1 of the
contested decision in assuming three separate infringements of
Article 81(1) EC and Article 53(1) of the EEA Agreement. In
reality there was one single infringement within the terms of
Article 7(1) of Regulation No 1/2003. Furthermore, the defen-
dant erred in establishing the duration of the infringement.

In their second plea in law the applicants submit that there has
been an infringement of Article 15(2) of Regulation No
17/1962 (2) or of Article 23(2) of Regulation No 1/2003. In
their opinion the Commission infringed those provisions in
imposing fines exceeding ten percent of the total worldwide
turnover of the Amann Group.

Furthermore,
the Commission
contested decision of
infringes the principles of equal treatment and proportionality.

the

Fourthly, Aman & Söhne GmbH & Co. KG alleges the incorrect
sewing
application of

regarding industrial

the Guidelines

Applicant: Dikigorikos Sillogos Ioanninon (Ioannina Lawyers'
Association) (Ioannina, Greece) (represented by: Sotirios Atha-
nasiou)

Defendants: European Parliament and Council of the European
Union

Form of order sought

The applicant claims that the Court should:

— annul Directive 2005/36/EC of the European Parliament
and of the Council of 7 September 2005 on the recognition
of professional qualifications (1), as regards Articles 11(c)(i)
and (ii), 11(d), 12, 13, 50(3) thereof;

— order the European Parliament and the Council to pay the

costs.