CELEX: C2002/109/102
Language: en
Date: 2002-05-04 00:00:00
Title: Case T-23/02: Action brought on 7 February 2002 by Sumika Fine Chemicals Co. Ltd. against the Commission of the European Communities

4.5.2002                EN                     Official Journal of the European Communities                                        C 109/53
      entitlement of the defendant to investigate cartel cases and        Chemicals Co. Ltd., represented by Mr. Martin Klusmann
      to adopt prohibition Decisions, the rules on limitation             and Ms Vanessa Turner of Freshfields Bruckhaus Deringer,
      in Regulation No. 2988/74 (2) should be considered                  Düsseldorf (Germany).
      applicable to declaratory prohibition decisions.
—     The adoption of a prohibition decision is time-barred               The applicant claims that the Court should:
      under general principles of Community Law. It is stated
      in this regard that where there is no doubt that the alleged        —     annul the Defendant’s Decision C(2001)3695 final of
      conduct was terminated more than five years before an                     21 November 2001 in Case No. COMP/E-1/37.512 —
      investigation was opened, there is no need and no                         Vitamins, so far as Sumika Fine Chemicals Co. Ltd. is
      justification for a declaratory decision, because there is                concerned;
      no place for a cease and desist order, as contained in
      Article 2 of the contested Decision, or any other form of           —     order the Defendant to pay the costs.
      penalty to be imposed on the applicant by the defendant.
      Alternatively, the rationale for limitation periods in the
      European Union is that after a certain period of time it is
      in the interest of the proper functioning of the legal              Pleas in law and main arguments
      system that infringements of the law should no longer be
      investigated or lead to any form of ‘punishment’ of the
      party concerned.                                                    The pleas in law and main arguments are similar to those relied
                                                                          upon in Case T-22/02 (Sumitomo Chemical/Commission, not
                                                                          yet published in the OJ).
—     The defendant was not competent within the meaning of
      the second paragraph of Article 230 EC to adopt the
      contested Decision, as it thereby exceeded its powers
      under the Treaty and Regulation No. 17/62. The defend-
      ant is not empowered by Article 3 of Regulation No. 17,
      or by any other provision, to adopt a declaratory decision
      where the infringement has already been terminated
      outside the limitation period provided for in Article 1 of          Action brought on 7 February 2002 by Maddalena Lebe-
      Regulation No. 2988/74.                                             def-Caponi against the Commission of the European
                                                                                                    Communities
                                                                                                   (Case T-24/02)
                                                                                                 (2002/C 109/103)
(1) Notice not yet published in the OJ.
(2) Council Regulation (EEC) No 2988/74 of 26 November 1974
    concerning limitation periods in proceedings and the enforcement                         (Language of the case: French)
    of actions under the rules of the European Economic Community
    relating to transport and competition (OJ L 319, 29.11.1974,
    p. 1).
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 7 February 2002 by Maddalena
                                                                          Lebedef-Caponi, residing at Senningerberg (Grand Duchy of
                                                                          Luxembourg), represented by Gilles Bounéou, lawyer, with an
                                                                          address for service in Luxembourg.
Action brought on 7 February 2002 by Sumika Fine
Chemicals Co. Ltd. against the Commission of the Euro-                    The applicant claims that the Court should:
                        pean Communities
                                                                          —     annul the express decision No 40263 of 6 November
                           (Case T-23/02)                                       2001 by which the appointing authority replied to the
                                                                                applicant’s complaint No 334/01 of 18 July 2001 by
                                                                                fixing the compensation for the non-material damage
                         (2002/C 109/102)                                       suffered by her in the sum of 1 500 euros;
                    (Language of the case: English)                       —     award the applicant the sum of BEF 800 000, assessed as
                                                                                amounting now to the sum of BEF 1 000 000, by way of
                                                                                compensation for the non-material damage suffered as a
                                                                                result of the lateness in drawing up her staff report
An action against the Commission of the European Communi-                       (placed belatedly in her personal file) for the period 1993-
ties was brought before the Court of First Instance of the                      1995 and the lateness in drawing up her staff reports for
European Communities on 7 February 2002 by Sumika Fine                          the periods 1995-1997 and 1997-1999;