CELEX: C1999/086/49
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 20 January 1999 by KE KELIT Kunststoffwerk mbH against Commission of the European Communities (Case T-17/99)

C 86/28               EN                    Official Journal of the European Communities                                27.3.1999
Pleas in law and main arguments adduced in support:                    Instance of the European Communities on 20 January
                                                                       1999 by KE KELIT Kunststoffwerk mbH, Linz (Austria),
The applicant was fined ECU 1 500 000 by the                           represented by the firm of Grassner, Lenz, Thewanger and
Commission for participating in a cartel between                       Partners, Rechtsanwälte, Linz, with an address for service
manufacturers and distributors of district heating pipes (1).          in Luxembourg at the Chambers of Messrs Loesch and
                                                                       Wolter, 11 Rue Goethe.
The applicant pleads:
                                                                       The applicant claims that the Court should:
Ð infringement of the right to a proper hearing;
Ð infringement of the duty to state reasons under                      1. annul Commission Decision C(1998) 3117 final of
     Article 190 of the EC Treaty;                                          21 October 1998 concerning a proceeding under
                                                                            Article 85 of the EC Treaty (Case IV/35.691/E-4, Fern-
                                                                            wärmetechnik-Kartell), as amended by Commission
Ð infringement of the principles of non-retroactivity and                   Decision C(1998) 3415 final of 6 November 1998, in
     the protection of legitimate expectations, and of the                  so far as it concerns the applicant;
     duty of the administration to act in accordance with
     statute;
                                                                            or, in the alternative,
Ð abuse of discretion in applying the guidelines on
     fines (2);
                                                                       2. annul the fine imposed on the applicant;
Ð abuse of discretion and discrimination in applying the
     rules whereby undertakings cooperating with the
     Commission during its investigation into a cartel may                  or, in the alternative,
     be exempted from fines (3);
                                                                       3. reduce the fine imposed on the applicant;
Ð misapplication of heading D of the above rules;
Ð infringement of the principles of equal treatment and                4. order the Commission to pay the costs in any event.
     proportionality, and of the prohibition of arbitrary
     action;
                                                                       Pleas in law and main arguments adduced in support:
Ð inaccuracy of the facts alleged;
                                                                       The applicant was fined ECU 360 000 by the Commission
Ð incorrect assessment of the turnover figures relevant to
                                                                       for participating in a cartel between manufacturers and
     determining the amount of the fine;
                                                                       distributors of district heating pipes. (1)
Ð fixing of an excessive interest rate; and
                                                                       The pleas in law and main arguments are essentially the
Ð erroneous legal assessment.                                          same as in Cases T-9/99 and T-16/99.
(1) See Case T-9/99.                                                   (1) See Case T-9/99.
(2) Guidelines on the method of setting fines imposed pursuant to
    Article 15(2) of Regulation No 17 and Article 65(5) of the
    ECSC Treaty (OJ C 9, 14.1.1998, p. 3).
                                                                       Action brought on 21 January 1999 by Cordis Obst- und
                                                                       Gemüsegrosshandel GmbH against the Commission of the
Action brought on 20 January 1999 by KE KELIT Kunst-                                        European Communities
stoffwerk mbH against Commission of the European
                         Communities                                                            (Case T-18/99)
                        (Case T-17/99)                                                          (1999/C 86/50)
                        (1999/C 86/49)
                                                                                       (Language of the case: German)
                (Language of the case: German)
An action against the Commission of the European                       An action against the Commission of the European
Communities was brought before the Court of First                      Communities was brought before the Court of First