Case T-122/07: Action brought on 17 April 2007 — Siemens and VA TECH Transmission & Distribution v Commission
Date: 2007-04-17
Institutions: Court of First Instance
Subjects: Austria, European Commission, action for annulment (EU), competition law, electrical equipment, fine, restriction on competition, restrictive trade practice

23.6.2007

EN

Official Journal of the European Union

C 140/31

Action brought on 17 April 2007 — Siemens and VA
TECH Transmission & Distribution v Commission

(Case T-122/07)

(2007/C 140/52)

Language of the case: German

Parties

Siemens Aktiengesellschaft Österreich (Vienna,
Applicants:
Austria) and VA TECH Transmission & Distribution GmbH &
Co. KEG (Vienna, Austria) (represented by H. Wollmann and F.
Urlesberger, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul Article 1 of the contested decision in so far as it finds
that the applicants infringed Article 81 EC and/or Article 53
the EEA Agreement during the period from 20
of
September 1998 to 13 December 2000, 1 April 2002 to 9
October 2002, and 21 January 2004 to 11 May 2004;

— annul Article 2 of the contested decision in so far as the

applicants are affected;

cogent proof

Commission found without
that until 13
December 2000 the alleged infringement had as its purpose or
effect a restriction of competition within the Community.
Finally, it is submitted in connection with the first plea in law
that when the fines were assessed mitigating circumstances and
the leniency notice were wrongly left out of account.

Second, the applicants submit that the Commission breached
essential procedural
In this connection they
complain of a breach of the right to be heard.

requirements.

(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).

Action brought on 17 April 2007 — Siemens Transmission
& Distribution v Commission

(Case T-123/07)

(2007/C 140/53)

Language of the case: German

— in the alternative, reduce the fines imposed on the applicants
in Article 2(l) of the decision to an amount not exceeding
EUR 1 980 000;

Parties

— order the defendant to pay the costs.

Applicant: Siemens Transmission & Distribution (Manchester,
United Kingdom) (represented by H. Wollmann and F. Urles-
berger, lawyers)

Pleas in law and main arguments

Defendant: Commission of the European Communities

The applicants contest 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 applicants and other undertakings for infringe-
ment of Article 81 EC and Article 53 of the EEA Agreement.
According to the Commission, the applicants took part in a set
of agreements and concerted practices concerning the gas-
isolated switchgear sector.

The applicants base their application primarily on breach of
Article 81(1) EC and Article 23 of Regulation (EC) No
1/2003 (1).
the fine
In this connection they complain that
imposed on VA TECH Transmission & Distribution GmbH &
Co. KEG is disproportionately high in relation to the fines
imposed on other undertakings. Furthermore, the way in which
the Commission attempted to divide a total amount of fines up
among various companies breached the ne bis in idem principle.
In addition, the applicants assert that the Commission incor-
rectly assessed the duration of the infringement. Further, the

Form of order sought

— annul Article 1 of the contested decision in so far as it finds
that the applicant infringed Article 81 EC and/or Article 53
of the EEA Agreement during the period from 15 April
1988 to 13 December 2000, 1 April 2002 to 9 October
2002, and 21 January 2004 to 11 May 2004;

— annul Article 2 of the contested decision in so far as the

applicant is affected;

— in the alternative, reduce the fine imposed on the applicant
in Article 2(l) of the decision to an amount not exceeding
EUR 1 100 000;

— order the defendant to pay the costs.