CELEX: 62013CN0638
Language: en
Date: 2013-12-04 00:00:00
Title: Case C-638/13 P: Appeal brought on 4 December 2013 by Roca against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Case T-412/10 Roca v Commission

22.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/29
            
         Appeal brought on 4 December 2013 by Roca against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Case T-412/10 Roca v Commission
   (Case C-638/13 P)
   2014/C 52/52
   Language of the case: Spanish
   
      Parties
   
   
      Appellant: Roca (represented by: P. Vidal Martínez, abogada)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   The appellant claims that the Court should:
   
               —
            
            
               uphold the arguments put forward by Roca in the present case;
            
         
               —
            
            
               set aside in part the judgment of the General Court of 16 September 2013 in Case T-412/10;
            
         
               —
            
            
               uphold Roca’s claims and reduce the fine imposed on it;
            
         
               —
            
            
               order the Commission to pay the costs incurred by Roca in the present case, as well as those incurred in Case T-412/10 in so far as the same grounds are concerned.
            
         
      Grounds of appeal and main arguments
   
   
               1.
            
            
               
                  
                     First ground of appeal
                  , alleging breach of the obligation to state reasons and the principles of non-discrimination and equal treatment as regards the assessment of the lesser gravity of Roca’s infringement because of the smaller range of goods concerned by the infringement, and distortion of the findings of fact in the decision.
            
         
               2.
            
            
               
                  
                     Second ground of appeal
                  , alleging error of law in the application of the case-law of the Court of Justice of the European Union and breach of the principles of equal treatment and protection of legitimate expectations in the application of the Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003. (1)
               
            
         
      (1)  OJ 2006 C 210, p. 2.