Case T-12/07: Action brought on 16 January 2007 — Polimeri Europa v Commission
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, complaint to the Commission, inter-company agreement, pneumatic tyre

10.3.2007

EN

Official Journal of the European Union

C 56/37

Action brought on 16 January 2007 — Polimeri Europa v
Commission

(Case T-12/07)

(2007/C 56/69)

Language of the case: Italian

of Article 7 of Regulation No 1/2003 (2). The decision is
therefore vitiated for infringement of the latter provision,
read
in conjunction with Article 7 of Regulation
No 773/2004.

(1) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating
to the conduct of proceedings by the Commission pursuant to Arti-
cles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(2) 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 L 1, 4.1.2003, p. 1).

Parties

Applicant: Polimeri Europa SpA (Brindisi, Italy) (represented by:
M. Siragusa, F.M. Moretti and L. Nascimbene, avvocati)

Defendant: Commission of the European Communities

Action brought on 12 January 2007 — Cemex UK Cement
v Commission

Form of order sought

The applicant claims that the Court should:

— annul the decision in its entirety, as well as all acts insepar-
ably connected therewith and,
in consequence, direct the
Commission to take steps to recover the copy, forwarded to
Michelin, of the non-confidential version of the new state-
ment of objections;

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

Parties

(Case T-13/07)

(2007/C 56/70)

Language of the case: English

Pleas in law and main arguments

decision (COMP/F2/D (2006) 1095)

By the present application, the applicant contests the Commis-
adopted on
sion's
6 November 2006 in the proceeding initiated pursuant
to Article 81 EC (Case COMP/F38.638 BR/ESBR), by which the
Commission forwarded to Manufacture Française des Pneuma-
tiques Michelin (MFPM) a copy of the non-confidential version
of the statement of objections adopted on 6 April 2006. MFPM
had previously been admitted to the administrative procedure as
an interested third party, since it had been asked to forward
possible observations.

In support of the forms of order sought, the applicant submits:

— infringement of its rights of defence. On that point, the
applicant maintains that ever since the adoption of the deci-
sion, the Commission has concealed the true purpose and
nature of Michelin's participation in the procedure,
thus
limiting the possibilities of defence open to the applicant
and negatively affecting the applicant's position in the case;

— the decision is unlawful, regard being had to the legal basis
cited, in particular Article 6 of Regulation No 773/2004 (1).
The applicant maintains in this connection that Michelin
cannot be regarded as a complainant, because the Form C
submitted by Michelin is not an act capable of triggering the
procedure launched following a complaint for the purposes

Applicant: Cemex UK Cement Ltd (Thorpe, United Kingdom),
(represented by: D. Wyatt QC, S. Taylor, Solicitor, S. Tromans
and C. Thomann, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— to annul the Commission decision of 29 November 2006,
concerning the national allocation plan for the allocation of
greenhouse gas emission allowances notified by the United
Kingdom in accordance with Directive 2003/87/EC (1);
insofar as

— the latter decision failed to object to/approved an alloca-
tion of allowances to the applicant in respect of
its
Rugby plant which was inadequate and unlawful to the
extent of 343 838 tonnes;

— the latter decision failed to object to/approved an alloca-
tion to cement manufacturers in competition with the
applicant which was excessive and unlawful to the extent
of the 343 838 tonnes comprising as it did the under-
allocation to the applicant;