CELEX: C1995/119/44
Language: en
Date: 1995-05-13 00:00:00
Title: Action brought on 23 February 1995 by Agrupación de Fabricantes de Cemento de España 'Oficemen' against the Commission of the European Communities (Case T-59/95)

No C 119/22             EN                  Official Journal of the European Communities                                    13 . 5 . 95
III. As regards the amount of the fine imposed, the                         6. Imposition of fines without prior warning.
      applicant pleads, first, infringement of Article 15 of
      Regulation No 17, alleging that there was a mistake               II. Improper application of Article 85 of the EC Treaty
      both in determining the duration of the matters alleged               through lack of evidence and erroneous assessment of
      and the assessment of the seriousness of its alleged                  the applicable legal concepts, as regards:
      participation; and secondly, breach of the principle of
      fairness .                                                            1 . The analysis of the relevant market;
                                                                            2. The Cembureau Agreement;
                                                                            3 . The agreements concerning the exchange of
                                                                                information on prices;
Action brought on 23 February 1995 by Agrupaciôn de
Fabricantes de Cemento de Espana 'Oficemen' against the                     4. The concerted practices concerning the exchange of
         Commission of the European Communities                                 information on prices;
                          (Case T-59/95 )
                                                                            5 . The Spain-Portugal Agreement;
                           ( 95/C 119/44)
                                                                            6 . The agreement concerning the European Task
                  (Language of the case: Spartish)                              Force;
An action against the Commission of the European                            7. The agreement concerning Interciment;
Communities was brought before the Court of First
Instance on 23 February 1995 by Agrupaciôn de                               8 . The concerted practices ^s regards Calcestruzzi;
Fabricantes de Espana ('Oficemen'), represented by Jaime                    9 . The concerted practices as regards ECEC.
Folguera Crespo and Ramon Vidal Puig, of the Madrid Bar,
with an address for service in Luxembourg at the Chambers              III. Infringement of Article 15 (2 ) of Regulation No 17 on
of Bonn & Schmitt, 62 Avenue Guillaume,                                     the following grounds:
The applicant claims that the Court should:                                 1 . Inadmissibility of imposing general penalties;
— annul           Commission       Decision     94/815/EC        of         2 . Erroneous assessment of the duration of the
    30 November 1984,                                                           infringements;
— in the alternative, annul Articles 1 , 2, 3 (2 ), 4 ( 1 ), 4 (2 ),        3 . Erroneous assessment of the gravity of the
    4 ( 3 ) (a ), 5 and 9 of the aforementioned Decision, in so                 infringements;
    far as those Articles refer to Oficemen,
                                                                            4. Breach of the principle 'non bis in idem'.
— as a subsidiary plea, annul the fine imposed on Oficemen
    in Article 9 of the Decision or reduce the amount of the           IV. Misapplication of Article 1 ( 1 ) ( b) of Regulation (EEC)
    same ,                                                                  No 2988/74: the alleged offences are time-barred.
— order the Commission to pay the costs, expressly
    including the expenses of lodging and maintaining the
    security for the fine.
                                                                       Action brought on 23 February 1995 by Irish Cement Ltd
Pleas in law and main arguments adduced in support:                      against the Commission of the European Communities
The applicant relies upon the following grounds in support                                   (Case T-60/95 )
of its claims :                                                                               ( 95/C 119/45 )
  I. Breach of essential procedural requirements:                                     (Language of the case: English)
      1 . Incomplete notification of the Statement of
            Objections, limited access to the file and exclusion       An action against the Commission of the European
            from the hearings;                                         Communities was brought before the Court of First
                                                                       Instance of the European Communities on 23 February
      2. Inadequate access to the file;                                1995 by Irish Cement Ltd, represented by Mr. John D.
                                                                       Cooke and Mr John Glackin with and address for service in
      3 . Absence of a statement of reasons for the                    Luxembourg at the Chambers of Etude Faltz & associés, 6,
            'abandonment' of national objections;                      rue Heinrich Heine, L-1720 Luxembourg.
      4. Failure to consult the Advisory Committee;                    The applicant claims that the Court should:
      5 . Inconsistency between the objections and the                 — declare under Article 174 that the Commission's
            Decision;                                                      Decision of 30 November 1994 is void,