Case T-110/07: Action brought on 16 April 2007 — Siemens v Commission
Date: 2007-04-16
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), electrical equipment, fine, restrictive trade practice

C 140/26

EN

Official Journal of the European Union

23.6.2007

Action brought on 16 April 2007 — Siemens v Commis-
sion

(Case T-110/07)

(2007/C 140/46)

Language of the case: German

Parties

Article 25 of Regulation (EC) No 1/2003 (1), since, in the appli-
cant's view, the limitation period had expired with respect to its
participation in the alleged infringement during the first phase
up to 1999.

Finally, the applicant complains of serious errors of law of the
Commission in assessing the fine. It is submitted, for instance,
in this respect that the Commission misassessed the seriousness
and duration of the infringement and manifestly applied an
excessive ‘deterrent multiplier’ to the applicant. In addition, the
Commission wrongly found that the applicant had played a
leading part and wrongly failed to take into account the appli-
cant's cooperation with the Commission.

Applicant: Siemens AG (Berlin and Munich, Germany) (repre-
sented by I. Brinker, T. Loest and C. Steinle, lawyers)

(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 L 1, 4.1.2003, p. 1).

Defendant: Commission of the European Communities

Form of order sought

— in accordance with the first paragraph of Article 231 EC,
annul the Commission's decision of 24 January 2007 (Case
COMP/F/38.899 — Gas-isolated switchgear) in so far as it
affects the applicant;

— in the alternative, reduce the fine imposed in Article 2(m) of

the decision;

— in accordance with Article 87(2) of the Rules of Procedure
of the Court of First Instance, order the Commission to pay
the costs.

Action brought on 18 April 2007 — Toshiba v Commis-
sion

(Case T-113/07)

(2007/C 140/47)

Language of the case: English

Pleas in law and main arguments

Parties

The applicant contests Commission Decision C(2006) 6762
final of 24 January 2007 in Case COMP/F/38.899 — Gas-
isolated switchgear.
In the contested decision fines were
imposed on the applicant and other undertakings for infringe-
ment of Article 81 EC and Article 53 of the EEA Agreement.
According to the Commission, the applicant took part in a set
of agreements and concerted practices concerning the gas-
isolated switchgear sector.

Applicant: Toshiba Corp.
MacLennan, Solicitor, A. Schulz and J. Borum, laywers)

(Tokyo,

Japan)

(represented by:

J.

Defendant: Commission of the European Communities

The applicant puts forward three pleas in law in support of its
application.

Form of order sought

First, the Commission is criticised for failing to demonstrate and
prove the alleged infringements specifically and in detail. In par-
ticular, the Commission did not demonstrate and prove the
effects of the alleged infringement on the common market and
the EEA during the first phase of the alleged infringement up to
1999.

Second, the applicant submits that the Commission wrongly
assumed that there was a single continuous infringement and
infringement.
wrongly
According to the applicant, the Commission was unable to
prove that the applicant had been involved in the alleged infrin-
gement after 22 April 1999. Furthermore, there was a breach of

duration of

determined

the

the

The applicant requests the Court to:

— annul Commission's decision of 24 January 2007 — Case

COMP/F/38.899 — Gas Insulated Switchgear; or

— annul

the Commission's decision as far as it relates to

Toshiba; or

— amend Articles 1 and 2 of the decision to annul or substan-

tially reduce the fine imposed on Toshiba; and

— order the Commission to pay the costs of the proceedings,
including the costs incurred in connection with the bank
guarantee.