Case T-356/06: Action brought on 5 December 2006 — Koninklijke Volker Wessels Stevin 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 20/24

EN

Official Journal of the European Union

27.1.2007

In the alternative, the claimant submits that the Commission
incorrectly determined the amount of the fine imposed on it.
The Commission imposed a fine based on a period of two years
and five months during which the claimant allegedly held
100 % of the shares in BAM NBM, whereas that period in fact
amounted only to one year and five months.

Action brought on 5 December 2006 — Koninklijke
Wegenbouw Stevin v Commission

(Case T-357/06)

(2007/C 20/36)

Language of the case: Dutch

Action brought on 5 December 2006 — Koninklijke Volker
Wessels Stevin v Commission

(Case T-356/06)

(2007/C 20/35)

Language of the case: Dutch

Parties

Claimant: Koninklijke Wegenbouw Stevin BV (represented by: E.
H. Pijnacker Hordijk and Y. de Vries, lawyers)

Defendant: Commission of the European Communities

Parties

Claimant: Koninklijke Volker Wessels Stevin NV (represented by:
E.H. Pijnacker Hordijk and Y. de Vries, lawyers)

Form of order sought

Defendant: Commission of the European Communities

Form of order sought

— set aside Articles 1, 2 and 3 of the Decision of 13 September
2006 relating to a proceeding under Article 81 EC (Case No
COMP/38.456 — Bitumen — NL), or at least set that deci-
sion aside to the extent to which it is addressed to Konink-
lijke Volker Wessels Stevin;

— order the Commission to pay its own costs and also those

of Koninklijke Volker Wessels Stevin.

— set aside, in relation to the claimant, the Commission's deci-
sion of 13 September 2006, notification of which Konink-
lijke Wegenbouw Stevin received on 25 November 2006,
relating to a proceeding under Article 81 EC (Case
No COMP/38.456 — Bitumen — NL — C(2006) 4090
final);

— in the alternative, annul Article 2 of the decision in relation
to the claimant, or in any event reduce substantially the fine
imposed on the claimant by Article 2 of the decision;

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

Pleas in law and main arguments

Pleas in law and main arguments

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

is challenging the Commission's decision of
The claimant
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 invokes a breach of Article
81 EC and of Articles 7 and 23(2) of Regulation No 1/2003.
According to the claimant, the Commission applied an incorrect
standard for the purpose of determining the liability of a parent
company and in so doing wrongly concluded that the claimant
was principally liable for the alleged conduct of Koninklijke
Wegenbouw Stevin B.V.

In support of its action, the claimant alleges, in the first place,
that there was an incorrect analysis of the facts, resulting in a
defective appraisal of
the road construction
the conduct of
companies in the light of Article 81 EC. According to the clai-
mant, the suppliers of bitumen were involved in a classic and
extremely serious breach of the European competition rules. It
states that the five leading customers for bitumen for road
construction attempted to establish a counter-balance to this
cartel with the primary objective of securing for themselves
collective rebates that were as favourable as possible.