CELEX: C1995/119/34
Language: en
Date: 1995-05-13 00:00:00
Title: Action brought on 17 February 1995 by Société Ciments Français SA against the Commission of the European Communities (Case T-39/95)

No C 119/14            EN                    Official Journal of the European Communities                                                13 . 5 . 95
     2. Incorrect analysis of the applicant's market                               with the fact that the Commission chose to
          conduct: in forming the view that the applicant was                      incriminate only a selection of European cement
          involved in an agreement to limit transhipments of                       producers. The applicant also takes the view that
          cement between France and Germany, the                                   the Commission could not, without contradicting
          Commission was guilty of a manifest error in                             itself, define the geographical reference market as
          interpretation of the facts.                                              being both local and European at the same time.
                                                                         II. Manifest error of assessment: the applicant submits
                                                                              that the complaints upheld against it — regarded by the
                                                                              Commission as the application of a general agreement
                                                                              — are either non-existent or without relation to the
Action brought on 17 February 1995 by Société Ciments
                                                                              applicant and, in any event, unconnected to a general
Français SA against the Commission of the European
                            Communities                                       agreement. The applicant also takes the view that the
                                                                              evidence which ostensibly establishes the existence of a
                         (Case T-39/95 )                                      general agreement to 'respect home markets' is
                           ( 95/C 119/34 )                                    manifestly inadequate.
                 (Language of the case: Frencb)                         III. Breach of the principles of non-discrimination and
                                                                              proportionality, along with breach of the principles of
An action against the Commission of the European                              sound administration and the protection of legitimate
Communities was brought before the Court of First                             expectations.
Instance of the European Communities on 17 February
1995 by Société Ciments Français SA, having its registered              IV. In the alternative, the applicant submits that the fines
office in Paris ( France ), represented by Antoine Winckler, of               imposed on it should be reduced substantially. It takes
the Paris Bar, with an address for service in Luxembourg at                   the view that the Commission :
the Chambers of Elvinger & Hoss, 15 Côte d'Eich.
                                                                              1 , committed manifest errors in its calculation;
The applicant claims that the Court should :
                                                                              2 , failed properly to take account of the gravity of the
— annul the Commission decision of 30 November                                     alleged infringements and on that ground
     1994,                                                                         committed a serious breach of the principle of
                                                                                   proportionality;
— in the alternative, reduce the fines imposed,
                                                                              3 , chose an incorrect relevant market as the basis for
— order the Commission to pay the costs .                                          calculating the fine .
Pleas in law and main arguments adduced in support:
In support of its action, the applicant relies on the following
pleas in law:
                                                                        Action brought on 18 February 1995 by Société Lafarge
  I.  Procédural defects :                                                   Coppée against the Commission of the European
                                                                                                       Communities
      1 . Breach of the right to a fair hearing. The applicant
                                                                                                     (Case T-43/95 )
           submits that there has been a failure to comply with
           the principle that all parties should be heard in                                          ( 95/C 119/35 )
           administrative proceedings: first, on the ground of
           non-communication          or   absence     of  details                        (Language of tbe case: French)
           connecting individuals to certain fundamental
           complaints; second, on the ground that there was
                                                                        An action against the Commission of the European
           no full access to the file documents; and, finally, by
                                                                        Communities was brought before the Court of First
           reason of the restrictions imposed on the
                                                                        Instance of the European Communities on 18 February
           applicant's opportunity to set out its view
                                                                        1 995 by Société Lafarge Coppée, having its registered office
           regarding the complaints finally upheld against
           it.
                                                                        in Paris ( France ), represented by Henry Lesguillons, of the
                                                                        Paris Bar, with an address for service in Luxembourg at the
      2 . The Advisory Committee was not called to                      Chambers of Marc Loesch, 11 Rue Goethe.
           comment on the exact amount of the fines
           envisaged by the Commission.                                The applicant claims that the Court should:
      3 . Failure to state reasons. The applicant points out in        — annul the Commission Decision of 30 November 1994
           this regard that the theory of a 'single and                     in its entirety, or at least Articles 1 , 3 ( 1 ) ( a ) and 3 ( 3 ) ( a ),
           continuous agreement' involving practically the                  4 ( 1 ), 4 ( 2 ), 4 ( 3 ) ( a ), 4 (4 ) (e ) and 4 (4 ) ( f), 6 and 7
           entire European cement industry is directly at odds              thereof,