CELEX: C2000/149/76
Language: en
Date: 2000-05-27 00:00:00
Title: Case T-71/00: Action brought on 24 March 2000 by Kawasaki Steel Corporation against the Commission of the European Communities

27.5.2000              EN                     Official Journal of the European Communities                                     C 149/41
— the re-opening and continuation of that competition                    — the contested decision infringes procedural rules, since it is
    constitute an inappropriate measure by which to give                     based on documents obtained by the Commission in 1994
    effect to the earlier judgments;                                         in the context of an investigation carried out in a separate
                                                                             case; such investigations were furthermore carried out in
— the re-opening and continuation of that competition are                    application of a Commission decision which was in fact
    contrary to the agreements reached between the parties;                  illegally adopted on the basis of both Articles 53 of the
                                                                             EEA Agreement and 85 of the EC Treaty; the contested
                                                                             decision also illegally relies on undated documents from
— the applicant’s contract for an indefinite period was                      an unknown source;
    terminated on the basis of his results in an internal
    competition, whereas, according to a Commission letter,
    failure to pass an external competition alone can constitute         — the contested decision fails to demonstrate the existence of
    a ground for terminating the employment relationship; the                the alleged infringement;
    contested decision dismissing the applicant is not reasoned;
    the dismissal was notified for a date which is legally               — the alleged agreement between European and Japanese
    incorrect.                                                               producers cannot in any event be regarded as having had
                                                                             an effect on trade between Member States;
                                                                         — the alleged agreement between European and Japanese
                                                                             producers cannot in any event be regarded as having had
                                                                             an appreciable effect on competition in the EC;
                                                                         — the duration of the infringement found by the Commission
                                                                             must at any event be regarded as erroneous;
Action brought on 24 March 2000 by Kawasaki Steel
Corporation against the Commission of the European
                           Communities                                   — in the event that the contested decision can be regarded as
                                                                             covering the EU offshore regions and in particular the UK
                                                                             offshore, the Commission has failed to state reasons for its
                          (Case T-71/00)                                     decision;
                         (2000/C 149/76)                                 — the fine imposed on the applicant should be reduced
                                                                             notably on the ground that any alleged agreement between
                                                                             the European producers should have been regarded as
                                                                             separate from the alleged agreement between the European
                   (Language of the case: English)                           and Japanese producers.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 March 2000 by Kawasaki Steel
Corporation, represented by Alexandre Vandencasteele and
Monica Cunningham of Liedekerke Siméon Wessing Houthoff,
Brussels.
                                                                         Action brought on 30 March 2000 by Artegodan GmbH
The applicant claims that the Court should:
                                                                           against the Commission of the European Communities
— annul the Commission decision of 8 December 1999 in
    case IV/EA/35.860-B Seamless steel tubes;                                                     (Case T-74/00)
— alternatively, to substantially reduce the fine imposed upon                                   (2000/C 149/77)
    the applicant;
— order the Commission to bear the costs of the procedure.                                 (Language of the case: German)
                                                                         An action against the Commission of the European Communi-
Pleas in law and main arguments                                          ties was brought before the Court of First Instance of the
                                                                         European Communities on 30 March 2000 by Artegodan
                                                                         GmbH, of Lüchow, Germany, represented by Ulf Doepner,
The applicant submits that the contested decision should be              Rechtsanwalt, of Bruckhaus Westrick Heller Löber, Düsseldorf,
annulled and/or the fine imposed on it at least substantially            Germany, with an address for service in Luxembourg at the
reduced for the following reasons:                                       Chambers of Bonn & Schmitt, 7 Val Ste Croix.