Case T-208/08: Action brought on 4 June 2008 — Gosselin World Wide Moving v Commission
Date: 2008-06-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, fine, provision of services, restriction on competition

30.8.2008

EN

Official Journal of the European Union

C 223/45

Action brought on 4 June 2008 — Gosselin World Wide
Moving v Commission

(Case T-208/08)

(2008/C 223/78)

Language of the case: Dutch

Parties

Applicant: Gosselin World Wide Moving (Deurne, Belgium)
(represented by: F. Wijckmans, lawyer, and S. De Keer, lawyer)

Defendant: Commission of the European Communities

determined the gravity of the infringement,
its duration, the
value of turnover with regard to setting the basic amount of the
fine, and rejected the existence of any mitigating circumstances
for the applicant for the purposes of the fine.

In the alternative, the third plea alleges breach of the principle
of equal treatment, in particular when the Commission deter-
mined the gravity of the infringement and the value of relevant
turnover for the purposes of 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).
(2) Council Regulation No 17 : First Regulation implementing Articles 85

and 86 of the Treaty (OJ, English Special Edition, 1962, p. 87).

(3) Guidelines on the method of setting fines imposed pursuant to
Article 23(2)(a) of Regulation No 1/2003 (Text with EEA relevance)
(OJ 2006 C 210, p. 2).

Form of order sought

Action brought on 6 June 2008 — Strack v Commission

— Annul Commission Decision C(2008)926 final of 11 March
2008, notified to the applicant on 25 March 2008, relating
to a proceeding under Article 81 EC (Case COMP/38.543 —
International removal services), in so far as it concerns the
applicant;

— In the alternative, annul Article 1 of the Decision, in so far
as it concerns the applicant, inasmuch as it finds a conti-
nuous infringement by the applicant from 31 January 1992
until 18 September 2002, and reduce the fine imposed on it
in Article 2,
in a manner corresponding to that adjusted
period of the infringement;

(Case T-221/08)

(2008/C 223/79)

Language of the case: German

— In the alternative, annul Article 2(e) of the Decision, in so
far as it concerns the applicant, on the grounds set out in
the second and/or third pleas, and reduce correspondingly
the fine imposed on it in Article 2;

Parties

— Order the Commission to pay the costs.

Applicant: Guido Strack (Cologne, Germany) (represented by: H.
Tettenborn, lawyer)

Pleas in law and main arguments

the plea submits that

the Decision infringes
The applicant's first plea alleges that
Article 81 EC. The first part of
the
Commission has not proved that the acts alleged against the
applicant are to be classified as an appreciable restriction of
competition for the purposes of Article 81 EC. The second part
submits that the Commission has not correctly proved that that
the agreement in which the applicant participated could appreci-
ably affect trade between Member States.

In the alternative, the second plea submits that the Decision
infringed Article 23 of Regulation No 1/2003 (1), Regulation
No 17/62 (2), and the Guidelines on the method of setting
fines (3). Those provisions were infringed when the Commission

Defendant: Commission of the European Communities

Form of order sought

— annul the decisions, particularly the decision of 19 May
2008, adopted by the Commission — either actually or in
the form of a deemed refusal under Article 8(3) of
Regulation (EC) No 1049/2001 — in the context of the
processing of the applicant's application for access to docu-
ments of 18 January 2008 and 19 January 2008 and his
confirmatory application of 22 February 2008, 18 April
2008 and, in particular, 21 April 2008, in so far as they
refuse those applications either in part or in full;