Case T-210/07: Order of the Court of First Instance of 3 December 2008 — RSA Security Ireland v Commission (Action for annulment — Common Customs Tariff — Issue of binding tariff information — Power of the national customs authorities — Non-actionable measure — Inadmissibility)
Date: 2008-12-03
Institutions: Court of First Instance
Subjects: Combined Nomenclature, European Commission, action for annulment (EU), customs regulations, exchange of information, information processing, tariff nomenclature

21.2.2009

EN

Official Journal of the European Union

C 44/47

Operative part of the order

1. The action is dismissed.

2. Longevity Health Products, Inc. is ordered to pay the costs.

(1) OJ C 155, 7.7.2007.

Action brought on 19 September 2008 — ICF v
Commission

(Case T-406/08)

(2009/C 44/83)

Language of the case: French

Parties

Order of the Court of First Instance of 3 December 2008
— RSA Security Ireland v Commission

(Case T-210/07) (1)

(Action for annulment — Common Customs Tariff — Issue of
binding tariff information — Power of the national customs
authorities — Non-actionable measure — Inadmissibility)

(2009/C 44/82)

Language of the case: English

Applicant:
Tunisia)
lawyers)

Industries Chimiques du Fluor SA (ICF)

(Tunis,
(represented by M. van der Woude and T. Hennen,

Defendant: Commission of the European Communities

Form of order sought

— annul the decision in so far as it concerns the applicant;

— in the alternative, reduce substantially the fine imposed on

the applicant;

— order the Commission to pay the costs.

Parties

Applicant: RSA Security Ireland (Shannon, Ireland) (represented
by: B. Conway, Barrister, and S. Daly, Solicitor)

Pleas in law and main arguments

Defendant: Commission of the European Communities (repre-
sented by: S. Schønberg and D. Lawunmi, Agents)

Re:

Application for the annulment of a decision allegedly taken by
the Commission and communicated to the applicant by email
the Irish Revenue Commissioners of 30 March 2007
of
concerning the classification of goods under a certain heading
of the Combined Nomenclature.

Operative part of the order

1. The action is dismissed as inadmissible.

2. RSA Security Ireland Ltd shall pay the costs.

(1) OJ C 183, 4.8.2007.

By this application the applicant seeks the annulment in part of
Commission Decision C(2008) 3043 final of 25 June 2008 in
Case COMP/39.180 — Aluminium fluoride, by which the
Commission found that certain undertakings including the
applicant had infringed Article 81(1) EC and Article 53(1) of
the Agreement on the European Economic Area by agreeing, on
in aluminium fluoride, on a target price
the world market
increase, by examining various regions of the world including
Europe to establish a general price level and in some cases to
agree on a division of the market, and by exchanging commer-
cially sensitive information.

In support of its application, the applicant puts forward four
pleas in law:

— infringement of the rights of the defence and Article 27 of
Regulation No 1/2003 (1), in that the infringement described
in the statement of objections differed from that eventually
established in the contested decision and the contested deci-
sion was based on documents not mentioned in the state-
ment of objections;

— infringement of Article 81 EC, as the contested decision
made an incorrect legal classification of the acts the appli-
cant was accused of, by wrongly classifying a fortuitous
exchange of information as an agreement and/or a concerted
practice within the meaning of Article 81(1) EC. Moreover,
the disputed acts could not in any event, according to the
applicant, be classified as a single continuous infringement;