Case T-387/07 R: Order of the President of the Court of First Instance of 14 December 2007 — Portuguese Republic v Commission of the European Communities (Interim measures — Reduction of assistance — Application to suspend operation Lack of urgency)
Date: 2007-12-14
Institutions: Court of First Instance
Subjects: European Commission, European Regional Development Fund, Portugal, action for annulment (EU), aid system

C 51/44

EN

Official Journal of the European Union

23.2.2008

Re:

Action brought on 7 December 2007 — YKK and Others v
Commission

Application for suspension of
the operation of Commission
Decision 2007/437/EC of 19 June 2007 concerning the non-
inclusion of haloxyfop-R in Annex I
to Council Directive
91/414/EEC and the withdrawal of authorisations for plant
protection products containing that substance (OJ 2007 L 163,
p. 22) pending the full resolution of the dispute in the main
proceedings.

(Case T-448/07)

(2008/C 51/83)

Language of the case: English

Operative part of the order

Parties

1. The application for interim measures is dismissed.

2. Costs are reserved.

Applicants: YKK Corp. (Tokyo, Japan), YKK Holding Europe BV
(Sneek, Netherlands), YKK Stocko Fasteners GmbH (Wuppertal,
Germany)
(represented by: H. Kaneko and C. Vennemann,
lawyers)

Defendant: Commission of the European Communities

Form of order sought

Order of the President of the Court of First Instance of
14 December 2007 — Portuguese Republic v Commission
of the European Communities

— Annul the contested decision in so far as it concerns each of

the applicants;

— as a consequence, cancel the fines imposed on each of the

(Case T-387/07 R)

applicants;

(Interim measures — Reduction of assistance — Application
to suspend operation Lack of urgency)

(2008/C 51/82)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Fernandes, S.
Rodrigues and A. Gattini, agents)

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and L. Flynn, agents)

Re:

Application to suspend operation, on the one hand, of Commis-
sion Decision C(2007) 3772 of 31 July 2007 reducing the assis-
tance granted by the European Regional Development Fund for
the global grant ‘SGAIA’ (global grant for local development)
pursuant to Decision C(95) 1769 of the European Commission
of 28 July 1995 and, on the other, of the alleged payment order
contained in a debit note of 17 September 2007.

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

— in the alternative, annul Article 2 of the contested decision
in so far as it concerns each of the applicants, or, at least
cancel or reduce the fines imposed on each of the appli-
cants;

— order the Commission to pay the costs.

Pleas in law and main arguments

the

seek

applicants

annulment

The
Commission
Decision C(2007) 4257 final of 19 September 2007 in Case
COMP/E-1/39.168 — PO/Hard Haberdashery: Fasteners, by
which the Commission found that the applicants, together with
other undertakings, had infringed Article 81 EC by:

of

— agreeing on coordinated price increases and exchanging
information on prices and implementation of
and

increases within the

‘Baseler, Wuppertaler

confidential
price
Amsterdamer cooperation’;

— fixing prices, monitoring price increases and allocating
customers in a bilateral cooperation with Prym Fashion; and

— exchanging price information, discussing prices and agreeing
on a methodology to fix minimum prices in a tripartite
cooperation with Coats and Prym.

In support of their application, the applicants submit that the
1,25 multiplier for deterrence imposed on them breaches the
principle of proportionality.

Concerning the ‘Baseler, Wuppertaler and Amsterdamer coop-
eration’, the applicants allege that, with respect to YKK Stocko
Fasteners, the Commission misapplied Article 23(2) of Regu-
lation 1/2003 (1), according to which the fine to be imposed on
an undertaking shall not exceed 10 % of its total turnover in
the preceding business year. Furthermore, the increase by 1,25
for deterrence is, according to the applicants, not justified for
the period prior to the acquisition of YKK Stocko Fasteners by
YKK Holding Europe.