Case T-497/07: Action brought on 20 December 2007 — Compañía Española de Petróleos (Cepsa) v Commission
Date: 2007-12-20
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), control of restrictive practices, oil industry, unlawful agreement

C 64/50

EN

Official Journal of the European Union

8.3.2008

Action brought on 20 December 2007 — Compañía
Española de Petróleos (Cepsa) v Commission

(Case T-497/07)

(2008/C 64/81)

Language of the case: Spanish

Alternatively, in respect of the amount of the fine, the applicant
complains that the Commission infringed the principle of sound
administration and the right of the applicant to a procedure
without undue delays by not adopting the statement of objec-
tions in a reasonable time in light of the information available,
infringed the principle of proportionality and made a manifest
error of assessment by not taking into account that the appli-
cant implemented a programme of compliance.

Parties

Applicant: Compañía Española de Petróleos (Cepsa)
(Madrid,
Spain) (represented by: P. Pérez-Llorca Zamora, O.Armengol i
Gasull and A. Pascual Morillo, lawyers)

Defendant: Commission of the European Communities

Action brought on 27 December 2007 — Republic of
Bulgaria v Commission of the European Communities

(Case T-499/07)

(2008/C 64/82)

Form of order sought

Language of the case: Bulgarian

to the extent

— Annul Articles 1 to 4 of the Commission Decision [C(2007)
4441]
they declare respectively that
Compañía Española de Petróleos SA has infringed Article 81
EC, impose a fine on it, order it immediately to cease the
infringement and include it as an addressee of the Decision

that

Parties

— Alternatively, reduce the fine imposed on Compañía Espa-

ñola de Petróleos SA, and

— Order the Commission to pay the costs of these proceed-

ings.

Applicant): Republic of Bulgaria (represented by: Anani Anaviev,
Daniela Drambozova and Elina Petranova)

Defendant: Commission of the European Communities

Pleas in law and main arguments

The action is directed against Commission Decision C(2007)
4441 final of 3 October 2007in the Case COMP/38710 —
the Commission
In the contested decision,
Bitumen Spain.
declared that the applicant, together with other companies, had
infringed Article 81 EC by having taken part, over a certain
period, in a set of agreements and concerted practices in the
market for penetration bitumen, namely agreements for sharing
the market and coordinating prices. In respect of those infringe-
ments the Commission imposed a fine for which the applicant
and another company are jointly and severally liable.

the applicant considers

In support of its claims, the applicant alleges first that there is
an error of law in attributing to the applicant the infringement
committed by another company by applying the case-law on
‘economic unit’. Further
the
Commission made a manifest error of assessment of the facts
by rejecting the evidence produced by the applicant in proof of
the independence of the company which committed the infrin-
gement and by considering that there were many factors indi-
cating that the latter company was not autonomous. In that
the Commission
context,
infringed the obligation to state reasons by rejecting without
foundation the arguments of the applicant on the independence
of the company which committed the infringement.

the applicant also considers that

that

Form of order sought

— on the basis of Article 230 EC, to annul

in its entirety
Commission Decision C(2007) 5255 final of 26 October
2007 concerning the national allocation plan for the period
from 2008 to 2012 for the allocation of greenhouse gas
emissions allowances, which was adopted by Bulgaria
pursuant to Directive 2003/87/EC of the European Parlia-
ment and of the Council,

alternatively,

— on the basis of Article 230 EC, to annul Commission Deci-
sion C(2007) 5255 final of 26 October 2007 concerning
the national allocation plan for the period from 2008 to
2012 for the allocation of greenhouse gas emissions allow-
ances, which was adopted by Bulgaria pursuant to Directive
2003/87/EC of the European Parliament and of the Council,
to the extent that that decision specifies the total number of
allowances to be allocated,

— to order the Commission of the European Communities to
bear the costs incurred by the Republic of Bulgaria in
connection with the proceedings.