Case T-360/06: Action brought on 5 December 2006 — Heijmans 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 20/26

EN

Official Journal of the European Union

27.1.2007

Form of order sought

— set aside, in whole or in part, the decision addressed to the

claimant;

— set aside or reduce the fine imposed on the claimant;

— order the Commission to pay the costs of

the present

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 invokes the same pleas in
law and arguments as those set out by the claimant in Case T-
358/06 Wegenbouwmaatschappij J. Heijmans B.V. v Commission.

Action brought on 5 December 2006 — Heijmans v
Commission

(Case T-360/06)

(2007/C 20/39)

Language of the case: Dutch

Parties

The claimant first submits that there has been a breach of
Article 81 EC and of Articles 2, 7 and 23(3) of Regulation
No 1/2003. According to the claimant, the Commission has not
proved that the claimant is a unitary organisation of natural
persons and of material and immaterial assets which acted
contrary to Article 81 EC by regulating the fixing of bitumen
prices in the Netherlands. Furthermore, the claimant contends,
there is no basis in law on which the claimant can be held prin-
cipally liable and that determination of liability is unreasonable.

In support of its action, the claimant also relies on the similar
pleas and arguments submitted by the claimant in Case T-358/
06 Wegenbouwmaatschappij J. Heijmans B.V. v Commission.

Action brought on 5 December 2006 — Ballast Nedam v
Commission

(Case T-361/06)

(2007/C 20/40)

Language of the case: Dutch

Parties

Claimant: Ballast Nedam N.V. (represented by: A.R. Bosman and
J.M.M. van de Hel, lawyers)

Defendant: Commission of the European Communities

Claimant: Heijmans NV (represented by: M.F.A.M. Smeets and A.
M. van den Oord, lawyers)

Form of order sought

Defendant: Commission of the European Communities

Form of order sought

— annul in whole or in part the decision addressed to the clai-

mant;

— set aside or reduce the fine imposed on the claimant;

— order the Commission to pay the costs of

the present

proceedings.

— annul Commission Decision C(2006) 4090 final of
claimant on
13 September 2006, notified
25 September 2006, relating to a proceeding under Article
81 EC (Case No COMP/38.456 — Bitumen — NL), to the
extent to which that decision is addressed to the claimant;

to the

— in the alternative, annul the decision in part, to the extent to
which it is addressed to the claimant, with regard to the
duration of the infringement and reduce the fine imposed
on the claimant accordingly;

— order the Commission to pay the costs of

the present

proceedings.

Pleas in law and main arguments

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), whereby a
fine was imposed on the claimant for breach of Article 81 EC.

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.