Case T-449/04: Judgment of the Court of First Instance of 12 September 2007 — Commission v Trends (Arbitration clause — Second Framework Programme for research, technological development and demonstration — Contracts involving projects in the field of road transport informatics and telecommunications — Lack of supporting documents for part of the declared expenses — Termination of contracts — Expired contracts)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU financing, EU programme, European Commission, appeal to the Court (EU), contract, redemption, telematics, transport policy

20.10.2007

EN

Official Journal of the European Union

C 247/29

Judgment of the Court of First Instance of 12 September
2007 — Commission v Trends

Judgment of the Court of First Instance of 12 September
2007 — Prym and Prym Consumer v Commission

(Case T-449/04) (1)

(Case T-30/05) (1)

(Arbitration clause — Second Framework Programme for
technological development and demonstration —
research,
Contracts involving projects in the field of road transport
informatics and telecommunications — Lack of supporting
documents for part of the declared expenses — Termination of
contracts — Expired contracts)

(Competition — Cartels — European haberdashery market
(needles) — Product market sharing — Geographic market
sharing — Fine — Guidelines on the method of setting fines
— Duty to state reasons — Gravity and duration of the
infringement — Leniency notice)

(2007/C 247/45)

Language of the case: Greek

(2007/C 247/46)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia, Agent, and by K. Kapoutzidou and
S. Chatzigiannis, lawyers)

Defendant:
(Trends)
V. Vlassi, lawyers)

Transport
(Athens, Greece)

Environment Development

Systems
(represented by: V. Christianos and

Re:

Application by the Commission under an arbitration clause
within the meaning of Article 238 EC seeking an order that
Trends reimburse the Commission in the sum of EUR 195 435
plus contractual
in the alternative, plus default
interest.

interest or,

Operative part of the judgment

1. The action is dismissed;

2. The interlocutory application is dismissed;

Parties

Applicants: William Prym GmbH & Co. KG (Stolberg, Germany)
and Prym Consumer GmbH & Co. KG (Stolberg) (represented
by: H. Meyer-Lindemann, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and K. Mojzesowicz, acting as
Agents)

Re:

Application, principally, for annulment of Commission Decision
C(2004) 4221 final of 26 October 2004 relating to a
proceeding under Article 81 [EC] (Case COMP/F-1/38.338 —
PO/Needles) in so far as it relates to the applicants, and, in the
alternative, for annulment or reduction of the fine imposed on
the applicants.

Operative part of the judgment

3. The Commission is ordered to pay the costs except for those arising

from the interlocutory application;

The Court:

4. Transport Environment Development Systems (Trends) is ordered to

pay the costs of the interlocutory application.

(1) OJ C 184, 2.8.2003 (formerly Case C-249/03).

1. Sets the amount of the fine imposed on William Prym GmbH &
Co. KG and Prym Consumer GmbH & Co. KG under Article 2 of
Commission Decision C(2004) 4221 final of 26 October
2004 relating to a proceeding under Article 81 [EC] (Case
COMP/F-1/38.338 — PO/Needles) at EUR 27 million;

2. Dismisses the remainder of the application;