CELEX: C2001/331/42
Language: en
Date: 2001-11-24 00:00:00
Title: Case T-213/01: Action brought on 19 September 2001 by the Österreichische Postsparkasse against the Commission of the European Communities

C 331/26              EN                     Official Journal of the European Communities                                        24.11.2001
Action brought on 19 September 2001 by the Österreichi-                The applicant claims that the contested decision infringes its
sche Postsparkasse against the Commission of the Euro-                  rights and is unlawful simply because the FPÖ is not an
                      pean Communities                                  applicant within the meaning of Article 3(2) of Regulation
                                                                        No 17 and Articles 6 and 7 of Regulation (EC) No 2842/98.
                                                                        The FPÖ does not have any justified interest in bringing the
                        (Case T-213/01)                                 procedure; it only has a political interest. Furthermore, it did
                                                                        not make its application before the procedure initiated by the
                                                                        defendant of its own motion, and it has exhausted or at least
                        (2001/C 331/42)                                 forfeited its right to make an application. Last but not least, by
                                                                        disclosing the objections, the defendant infringed Article 20 of
                                                                        Regulation No 17, and/or Article 287 EC, and the principle of
                  (Language of the case: German)                        the protection legitimate expectations.
                                                                        (1) Commission Regulation (EC) No 2842/98 of 22 December 1998
                                                                            on the hearing of parties in certain proceedings under Articles [81]
An action against the Commission of the European Communi-
                                                                            and [82] of the EC Treaty.
ties was brought before the Court of First Instance of the
European Communities on 19 September 2001 by the Österre-
ichische Postsparkasse represented by Rechtsanwälte M. Klus-
mann, F. Wiemer and A. Reidlinger.
The applicant claims that the Court should:
                                                                        Action brought on 19 September 2001 by the Bank
—     annul the defendant’s decision of 9 August 2001 in Case           für Arbeit und Wirtschaft Aktiengesellschaft against the
      COMP/36.571 — Austrian banks;                                              Commission of the European Communities
—     order the defendant to pay the costs.                                                       (Case T-214/01)
                                                                                                  (2001/C 331/43)
Pleas in law and main arguments
                                                                                           (Language of the case: German)
In May 1997 the Commission, on the basis of information
potentially incriminating to various Austrian credit institutions
under cartel law, began Article 81 investigations under                 An action against the Commission of the European Communi-
Article 3(1) of Council Regulation No 17 into the applicant             ties was brought before the Court of First Instance of the
and seven other Austrian banks.                                         European Communities on 19 September 2001 by the Bank
                                                                        für Arbeit und Wirtschaft Aktiengesellschaft, Vienna, rep-
                                                                        resented by H.J. Niemeyer, with an address for services in
                                                                        Luxembourg.
In June 1997 the Freiheitliche Partei Österreichs (FPÖ) asked
the Commission to commence a procedure under Article 81
EC against eight Austrian banks suspected of entering into              The applicant claims that the Court should:
restrictive agreements.
                                                                        —     annul the defendant’s decision of 25 July 2001 in Case
                                                                              COMP/36.571 — Austrian banks;
In September 1999 the defendant sent the applicant a
statement of objections relating to infringement of Article 81
                                                                        —     order the defendant to pay the costs.
EC. The defendant later informed the applicant that it intended
to disclose to the FPÖ all the objections raised in the
proceedings under Article 7 of Regulation (EC) No 2842/98 (1).
The applicant objected to such disclosure, claiming it to be
impermissible.                                                          Pleas in law and main arguments
                                                                        The pleas in law and main arguments are the same as those in
In November 2000 the defendant sent the applicant a sup-
                                                                        Case T-213/01 (Österreichische Postsparkasse AG v Com-
plementary statement of objections and finally informed the
                                                                        mission, not yet published).
applicant in a contested decision that it intended to transmit
both statements of objections to the FPÖ. The applicant is
challenging that decision.