Case T-353/06: Action brought on 5 December 2006 — Vermeer Infrastructuur v Commission
Date: 2006-12-05
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, action for annulment (EU), bituminous materials, fine, inter-company agreement, oil industry, road building, unlawful agreement

C 20/22

EN

Official Journal of the European Union

27.1.2007

Form of order sought

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

— annul Articles 1(d) and 2(d) of the decision in so far as the

liability of Dura Vermeer Infra is concerned; and

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

Pleas in law and main arguments

The claimant
is challenging the Commission's decision of
13 September 2006 relating to a proceeding under Article
81 EC (Case No COMP/38.456 — Bitumen — NL), by which a
fine was imposed on the claimant for breach of Article 81 EC.

In support of its action the claimant alleges a breach of Article
81 EC by reason of the fact that the Commission failed to prove
that the claimant had participated in the fixing of the gross
prices for bitumen or that it had itself any interest whatever in
such fixing. The Commission thereby wrongly concluded that
the bitumen suppliers and the road construction companies had
participated in one and the same breach of Article 81 EC.

The claimant submits further that the Commission has failed to
demonstrate that the claimant participated in collusion between
a group of bitumen suppliers and a group of major road
construction companies for the purpose of fixing, on a regular
basis, a smaller
road
construction companies.

rebate on the gross price for other

Further, the claimant alleges, the Commission infringed Article
81 EC and the guidelines for the setting of fines in that it failed
to prove (i) that the claimant had participated in a very serious
breach of Article 81 EC and (ii) that the claimant's involvement
in the alleged breach had lasted from 1 April 1994 to 15 April
2002. Consequently, in the view of the claimant, the Commis-
sion took an excessively long period into account
for the
purpose of calculating the fine imposed on it.

In conclusion, the claimant alleges a breach of Article 253 EC
and an infringement of essential procedural requirements.

Pleas in law and main arguments

The claimant
is challenging the Commission's decision of
13 September 2006 relating to a proceeding under Article
81 EC (Case No COMP/38.456 — Bitumen — NL), by which a
fine was imposed on the claimant for breach of Article 81 EC.

In support of its application, the claimant invokes the same
pleas in law and arguments as does the claimant in Case T-351/
06 Dura Vermeer Groep NV v Commission.

Action brought on 5 December 2006 — Vermeer Infra-
structuur v Commission

(Case T-353/06)

(2007/C 20/32)

Language of the case: Dutch

Parties

Claimant: Vermeer Infrastructuur BV (represented by: M.M. Slot-
boom, lawyer)

Defendant: Commission of the European Communities

Action brought on 4 December 2006 — BAM NBM Wegen-
bouw and HBG Civiel v Commission

Form of order sought

— principally, annul Decision C(2006) 4090 final of

the
Commission of the European Communities of 13 September
2006 relating to a proceeding under Article 81 EC (Case No
COMP/38.456 — Bitumen — NL); or

— in the alternative, annul Articles 1, 2(d) and 3 of the deci-
sion in so far as (i) those provisions find that Vermeer parti-
cipated in the fixing of the gross price for the sale and
purchase in the Netherlands of bitumen for use in road
construction, and (ii) a fine and an injunction were imposed
in that regard;

Parties

(Case T-354/06)

(2007/C 20/33)

Language of the case: Dutch

— in the further alternative, annul Article 2(d) of that decision

in so far as that provision imposed a fine on Vermeer;

Claimants: BAM NBM Wegenbouw BV and HBG Civiel BV (repre-
sented by: M.B.W. Biesheuvel and J.K. de Pree, lawyers)

— in the yet further alternative, reduce the fine imposed on

Vermeer by Article 2(d) of the decision; and

Defendant: Commission of the European Communities