CELEX: C1995/137/61
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 23 February 1995 by SECIL - Companhia Geral de Cal e Cimento SA against the Commission of the European Communities (Case T-62/95)

3 . 6 . 95             I EN I                 Official Journal of the European Communities                                No C 137/25
        3 . an error in the grounds of the decision, as a result of            3.   limited access to the documents on which the
             the inadequate assessment of the economic criteria                     charge is based ;
             underlying the applicant's beaviour on the
             market;                                                           4 . use of a language other than Portuguese;
        4 . inadequacy and erroneous assessment of the                         5 . inadequacy of the period for replying to the
             evidence on which the Commission's decision is
                                                                                    statement of objections and disruption of the
             based ,   as    regards    the   applicant's   alleged                 normal exercise of the right to a fair hearing;
             participation in both the ' Cembureau Agreement'
             and the 'Iberian agreement'.
                                                                               6 . impairment of the right to reply orally and in
III . Defects relating to the fixing of the penalty imposed on                      writing and confusion in the administrative
        the applicant, arising from :                                               procedure between the preliminary examination
                                                                                    and the statement of their case by the parties .
         1 . breach of the principle of equal treatment;
                                                                          II . Breach of the rules on the statement of reasons, on
         2 . breach of the principle of proportionality.                       evidence and on the adequacy of the evidence on which
                                                                               the decision is based, arising from:
                                                                               1 . contradictory grounds for the decision;
                                                                               2.   use of documents not made available to the
Action brought on 23 February 1995 by SECIL —                                       applicant;
Companhia Geral de Cal e Cimento SA against the
            Commission of the European Communities                             3 . lack of correspondence between the documents on
                           ( Case T-62/95 )                                         which the statement of objections is based and
                             ( 95 /C 137/61 )                                       those on which the decision is based ;
                (Language of the case: Portuguese)                             4 . erroneous assessment of the evidence;
An action against the Commission of the European                               5 . inadequacy and inconsistency of the evidence on
                                                                                    which the Commission 's decision is based .
Communities was brought before the Court of First
Instance of the European Communities on 23 February
1995 by SECIL — Companhia Geral de Cal e Cimento SA,                     III. Erroneous classification of the facts for legal purposes
whose registered office is at Outao, Concelho de Setubal,                      in the light of Article 85 of the EC Treaty, resulting
represented by Nuno Mimoso Ruiz, of the Portuguese Bar,                        in :
whose Chambers are at 63/6 Rua Castilho, 1250 Lisbon,
with an address for service in Luxemboug at the Chambers                       1 . simultaneously charging a European association
of Aloyse May, 31 Grand-Rue .                                                       ( Cembureau ), national associations belonging to
                                                                                    Cembureau ( in the case of Portugal, the ATIC ) and
The applicant claims that the Court should :                                        undertakings belonging to those national
                                                                                    associations ( in the case of ATIC : CIMPOR and
— annul the Commission decision of 30 November 1994                                 SECIL ) with the same infringement; that threefold
      ( IV/33.126 and 33.322 — Cement ) in its entirety so far                      charge in respect of the same infringement is also in
     as it concerns the applicant, and consequently annul the                       breach of Article 85 ( 1 ) of the Treaty;
      fine imposed on the applicant,
                                                                               2 . breach of the principle 'non bis in idem '.
— reduce the fine imposed on SECIL, should it decide that
      it is inappropriate to annul the Commission decision in
     its entirety so far as it concerns the applicant,                   IV. Defects in fixing the amount of the fines , arising
                                                                               from :
— order the Commission to pay the whole of the costs .
                                                                               1 . general infringement of the principles of equal
Pleas in law and main arguments adduced in support:                                 treatment and proportionality;
The applicant relies on the following pleas :                                  2 . erroneous assessment of the subjective and
                                                                                    objective gravity of the infringement;
   I. Infringement of procedural rules and of the rights of
         the defence , arising from :                                          3 . erroneous assessment of the duration of the
                                                                                    infringement.
         1 . partial notification of the charges;
         2 . general and non-specific nature of the charges;