Case T-211/08: Action brought on 4 June 2008 — Putters International v Commission
Date: 2008-06-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, fixing of prices, invitation to tender, market-sharing agreement, provision of services, restriction on competition

2.8.2008

EN

Official Journal of the European Union

C 197/31

Pleas in law and main arguments

The applicant's first two pleas in law seek the annulment of the
Commission decision of 11 March 2008 relating to a
proceeding under Article 81 EC (Case COMP/38.543 — Interna-
tional removal services).

The applicant submits, first, that there is an infringement of
Article 81(1) EC. The applicant was sanctioned for participation
in a complex cartel even though, according to the Commission's
file, the applicant differed from the other participants in that it
was found only to have participated in a small part of the
alleged cartel. Furthermore, the applicant's alleged participation
in the cartel was shorter than was found by the Commission,
and the Commission failed to take into account the relative
weight of the applicant's participation in the cartel.

— annul Article 2 of

the Decision in so far as a fine of

EUR 395 000 is thereby imposed on the applicant;

— should the Court take the view that it is appropriate that a
fine be imposed on the applicant,
its
unlimited jurisdiction under Article 229 EC and Article 31
of Regulation No 1/2003, fix a fine which is significantly
lower than that determined by the Commission;

in the exercise of

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

Second, the applicant submits that there is an infringement of
Article 23(2) and (3) of Regulation 1/2003 (1),
since the
Commission incorrectly established both the duration and the
continuing nature of the infringement.

The applicant seeks the annulment of Commission Decision
C(2008) 926 final of 11 March 2008 relating to a proceeding
under Article 81 EC (Case COMP/38.543 — International
removal services).

In the alternative, the applicant seeks an exemption from the
fine imposed or at least a drastic reduction in its amount on the
ground that the basic amount of the fine was wrongly estab-
lished and calculated and there was a manifest breach of the
principle of proportionality when setting the fine.

(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 (Text with EEA relevance) (OJ 2003 L 1, p. 1).

Action brought on 4 June 2008 — Putters International v
Commission

(Case T-211/08)

(2008/C 197/54)

Language of the case: Dutch

First, the applicant submits that the Commission committed a
manifest error of appraisal
in finding that the applicant had
participated in a complex and systematic cartel designed,
directly and indirectly, to fix the prices of international removal
services in Belgium, to share part of the market and to manipu-
late the procedure for the submission of tenders, even though
the applicant was merely a party to practices relating to
commissions and cover quotes, and even that on a very sporadic
basis.

Second, the applicant argues that there has been an infringe-
ment of the principles of proportionality and equal treatment
by reason of the fact that the Commission, in its calculation of
the basic amount of the fine, took into account the total turn-
over for international removal services, without regard for the
number and nature of the breaches committed by the applicant
and the impact which these had on the relevant market.

Third, the applicant alleges an infringement of the principles of
proportionality and equal treatment by reason of the fact that,
in calculating the fine, the Commission, without regard for the
parties' respective roles in the cartel and the nature of the prac-
tices in which they engaged, did not differentiate between the
parties but applied the same percentage to all the parties in
respect of
the breach and the extra amount
intended to serve as a deterrent.

the gravity of

Parties

Applicant: Putters International NV (Cargovil, Belgium) (repre-
sented by: K. Platteau, lawyer)

Defendant: Commission of the European Communities

Fourth, the applicant alleges an infringement of the principles of
proportionality and equal treatment by reason of the fact that
the Commission imposed the maximum authorised fine on a
participant with such a limited role as the applicant.

Form of order sought

— annul Article 1 of the Decision to the extent to which that
provision states that the applicant breached Article 81(1) EC
in that it and other undertakings directly and indirectly fixed
the prices for international removal services in Belgium,
shared part of the market and manipulated the procedure
for the submission of tenders;

Fifth, and finally, the applicant submits that there has been an
infringement by the Commission of the principles of the protec-
tion of
legitimate expectations and equal treatment, together
with misappraisal, inasmuch as it failed to establish any miti-
gating circumstances in the applicant's case.