CELEX: C2003/251/24
Language: en
Date: 2003-10-18 00:00:00
Title: Case T-266/03: Action brought on 25 July 2003 by the "CB" Bank Cards Group against the Commission of the European Communities

C 251/12              EN                       Official Journal of the European Union                                            18.10.2003
Action brought on 25 July 2003 by the ‘CB’ Bank Cards                   disproportionate, since the Commission's investigation of the
Group against the Commission of the European                            notification by the Group was still in progress and there has
                          Communities                                   been a long and constant tradition of cooperation by the
                                                                        Group with the Commission's services.
                        (Case T-266/03)
                        (2003/C 251/24)
                  (Language of the case: French)
                                                                        (1) First Regulation implementing Articles 85 and 86 of the Treaty (OJ,
An action against the Commission of the European                            English Special Edition, 1959-1962, p. 87).
Communities was brought before the Court of First Instance
of the European Communities on 25 July 2003 by the ‘CB’
Bank Cards Group, whose registered office is in Paris, repre-
sented by Alain Georges and Javier Ruiz Calzado, lawyers.
                                                                        Action brought on 30 July 2003 by Socratec — Satellite
                                                                        Navigation Consulting, Research & Technology-GmbH
The applicant claims that the Court should:                               against the Commission of the European Communities
                                                                                                   (Case T-269/03)
—     annul the Commission's Decision C(2003) 1524/9 of                                           (2003/C 251/25)
      7 May 2003, ordering the CB Bank Cards Group and
      its subsidiaries to submit to an investigation under                                  (Language of the case: German)
      Article 14(3) of Council Regulation No 17 (1);
                                                                        An action against the Commission of the European
—     order the removal from the file of all documents seized           Communities was brought before the Court of First Instance
      and other evidence brought to the knowledge of the                of the European Communities on 30 July 2003 by Socratec —
      Commission during the investigation, and their return             Satellite Navigation Consulting, Research & Technology-
      to the Group;                                                     GmbH, Regensburg (Germany), represented by M. Adolf and
                                                                        M. Lüken, lawyers.
—     order the Commission to pay the costs incurred by
      the Group in connection with the present action for               The applicant claims that the Court should:
      annulment.
                                                                        —      annul the Commission's Decision of 30 April 2003 (Case
Pleas in law and main arguments                                                COMP/M.2903);
In support of its action, the applicant pleads, first, infringe-        —      in the alternative, annul the Commission's Decision of
ment of the duty to state reasons for the contested decision. As               30 April 2003 (Case COMP/M.2903) in so far as the
the Commission failed to state the presumptions it wished to                   decision allows the participating undertakings
verify, the applicant found itself unable to grasp the scope of                DaimlerChrysler Services AG, Deutsche Telekom AG and
its duty of cooperation while at the same time preserving its                  Cofiroute SA to provide telematic services by means of
defence rights. It was also unable to discover whether the                     the toll system commissioned by the Federal Republic of
investigation ordered concerned certain measures already                       Germany;
notified to the Commission or other practices. The applicant
also makes a second plea, alleging infringement of the
principle of proportionality. It first argues that the infringe-
ment of the duty to state reasons, alleged in its first plea, has
prevented either the competent national authorities or the              —      in the further alternative, order the Commission to
Court of First Instance itself from reviewing the proportional-                require DaimlerChrysler Services AG, Deutsche Telekom
ity of the investigation ordered. In the alternative, it argues                AG and Cofiroute SA to postpone completion of the
that recourse to an investigation under Article 14(3) is                       notified joint venture Toll Collect GmbH until the condi-