CELEX: C1996/318/39
Language: en
Date: 1996-10-26 00:00:00
Title: Action brought on 6 September 1996 by Automobiles Peugeot SA against the Commission of the European Communities (Case T-136/96)

No C 318/22          EN                  Official Journal of the European Communities                                   26 . 10 . 96
and of the principles of subsidiarity and proportionality           In the applicant's opinion, that explanation does not
referred to in the 12th recital in the preamble to the              disclose the considerations of fact and law on which the
contested Directive . The applicant further claims that the         Commission based its decision . Specifically, the
principle patere legem quam ipse fecisti has been infringed,        Commission failed to consider the significance of the fact
in that the Commission itself, in its communication of              that the information it decided to divulge constituted
14 December 1993 concerning the application of the                  ' business secrets '.
Protocol on social policy, recognized the applicant as a
representative organization .
                                                                    Action brought on 9 September 1996 by Valio Ltd against
Action brought on 6 September 1996 by Automobiles                          the Commission of the European Communities
Peugeot SA against the Commission of the European
                         Communities                                                       ( Case T-l 37/96
                      ( Case T-136/96 )                                                      ( 96/C 318/40 )
                        ( 96/C 318/39
                                                                                   (Language of the case: English)
               (Language of the case: French)
                                                                    An action against the Commission of the European
An action against the Commission of the European                    Communities was brought before the Court of First
Communities was brought before the Court of First                   Instance of the European Communities on 9 September
Instance of the European Communities on 6 September                 1996 by Valio Ltd , represented by Francis Herbert and
1996 by Automobiles Peugeot SA, established at Paris,               Daniel M. Tomasevic , of the Brussels Bar, of Loeff Claesy
represented by Xavier de Roux, of the Paris Bar, with an            Verbeke with an adress for service in Luxembourg at the
address for service in Luxembourg at the Chambers of                Chambers of Carlos Zeyen , 67 rue Ermesinde, L-1050
Jacques Loesch, 1 1 rue Goethe .                                    Luxembourg .
The applicant claims that the Court should :                        The applicant claims that the Court should :
— annul the Commission's decision of 19 July 1996
    concerning complaints 35.988 , 35.989 , 35.990 and              — annul the decision contained in a letter adressed by the
    35.991 ,                                                             Commission to the Finnish Permanent Representative to
                                                                        the European Unions ( BI.4 D(96 ) SP/cd/501 ) in so far as
— order the Commission to pay the costs .                               it concerns the 'Voilevi ' and 'Voimariini ' trade marks;
Pleas in law and main arguments adduced in support                  — alternatively, if the Court finds that the Decision does
                                                                        not infringe Regulation ( EC ) No 2991 /94 , declare,
The applicant, a company which markets Peugeot vehicles                 upholding the applicant's plea of illegality , that
in Europe, challenges the decision taken by the Commission,             Regulation ( EC ) No 2991 /94 is inapplicable to the
as part of the investigation of four complaints questioning             applicant to the extent that it would prohibit the further
the conformity with Community competition rules of the                  use of its trademarks 'Voimariini ' and 'Voilevi ' for the
standard exclusive distribution agreement for those                     spreadable fats concerned,
vehicles , to communicate to the companies which had
submitted the complaints certain information obtained               — order the Commission to pay the costs .
from the applicant.
That decision was taken in spite of the applicant's                 Pleas in law and main arguments adduced in support
indications that most of the information was subject to
protection as business secrets, in that it set out the              Valio is a Finnish company in the food sector which
conditions of membership of the Peugeot network and                 manufactures and markets products which are fat mixtures
described the functioning of that network .                         used as spreads, all of which are traded on the Finnish
                                                                    market under the 'Voimariini ' and 'Voilevi ' trade marks
The applicant claims that the case-law as stated in the             registered by Valio in 1980 and 1979 , and which have been
judgment in Case 53/85 AKZO Chemie v. Commission                    used by Valio since then . 'Voi ' in Finnish means butter . The
1986 [ECR ] 1965 has not been observed . It submits that            trade marks 'Voimariini ' and 'Voilevi ' do not have any
while the Commission is the sole judge of the confidentiality       specific meaning.
of the documents supplied to it in an investigation, the
corollary of such a discretion is a strict obligation to state      Under Regulation ( EC ) No 2991 /94 , which sets standards
reasons . According to the applicant, the contested decision        for spreadable fats, 'Voimariini ' is to be labelled under the
is not supported by an adequate statement of reasons . The          sales description ' blend ' while 'Voilevi ' is to be labelled
only explanation given by the Commission does no more               under the sales description ' half-fat blend '.
than assert the need to communicate the information in
question in order to be able to assess what action to take on       By letter dated 21 June 1996 addressed to the Finnish
the complaints, in full knowledge of the facts , after              Representation to the European Union , the Commission
obtaining the observations of those concerned .                     stated that the exclusive use of the sales description ' butter',