CELEX: C2007/297/50
Language: en
Date: 2007-12-08 00:00:00
Title: Case C-468/07 P: Appeal brought on 22 October 2007 by Coats Holdings Ltd, J&P Coats Ltd against the judgment of the Court of First Instance (Second Chamber) delivered on 12 September 2007 in Case T-36/05: Coats Holdings Ltd and J&P Coats Ltd v Commission of the European Communities

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/31
            
         Appeal brought on 22 October 2007 by Coats Holdings Ltd, J&P Coats Ltd against the judgment of the Court of First Instance (Second Chamber) delivered on 12 September 2007 in Case T-36/05: Coats Holdings Ltd and J&P Coats Ltd v Commission of the European Communities
   (Case C-468/07 P)
   (2007/C 297/50)
   Language of the case: English
   Parties
   
      Appellants: Coats Holdings Ltd, J&P Coats Ltd (represented by: W. Sibree and C. Jeffs, Solicitors)
   
      Other parties to the proceedings: Commission of the European Communities
   Form of order sought
   The appellants claim that the Court should:
   
               —
            
            
               reduce the fine in relation to Coats such that (i) it recognises the principle of equal treatment; and (ii) takes account of the substantial parts of the Commission's findings which were annulled by the Court of First Instance, which go to reducing the gravity of the infringement and strengthening the attenuating circumstances.
            
         Pleas in law and main arguments
   The appellant submits that having quashed all the Commission's factual findings relating to infringements of Article 81 except one narrow finding — and in particular having annulled the Commission's central finding that Coats was an equally active member of a tripartite agreement — the Court of First Instance failed to apply the principal of equal treatment by adjusting the basic amount of Coats' fine downwards by 20 percent only.
   In the alternative the appellant submits that the Court of First Instance failed to take account of all the elements of the decision which it annulled in making a reduction of the fine on the grounds of attenuating circumstances.