CELEX: C1995/101/41
Language: en
Date: 1995-04-22 00:00:00
Title: Action brought on 1 March 1995 by Viriato Monteiro da Silva against the Commission of the European Communities (Case T-74/95)

22 . 4 . 95            EN                  Official Journal of the European Communities                             No C 101 /21
 II. 1 . The applicant contests the Commission's factual              Action brought on 1 March 1995 by Viriato Monteiro
           and legal conclusions regarding its participation          da Silva against the Commission of the European
           in the alleged 'Cembureau agreement'. Those                                         Communities
          conclusions were based on insufficient evidence .
                                                                                             (Case T-74/95 )
           According to the principles governing the liability
                                                                                              ( 95/C 101 /41 )
           of legal persons, the conduct complained of by the
           Commission      cannot    be    attributed   to   the
                                                                                     (Language of tbe case: French)
           applicant.
      2. The applicant contests the Commission's factual              An action against the Commission of the European
           and legal conclusions regarding an exchange                Communities was brought before the Court of First
           of information in relation to prices. The                  Instance of the European Communities on 1 March 1995 by
           dissemination of the average prices published by           Viriato Monteiro da Silva, residing in Brussels, represented
           the Federal Statistical Office, details of which are       by Thierry Demaseure and Ariane Tornel, of the Brussels
           freely available to the public at large, cannot            Bar, with an address for service in Luxembourg at the offices
           constitute a restriction of competition. The               of Fiduciaire Myson Sari, 1 Rue Glesener.
           objections regarding the exchange of price
           information in the course of meetings are based on         The applicant claims that the Court should :
           insufficient evidence .
                                                                      — annul the decision of the Commission of 6 April 1994
      3 . The applicant contests the objection regarding                  fixing Brussels as the applicant's place of recruitment,
           participation in alleged 'agreements on the                    and
           participation of the market' between France and
           Germany. Those objections, which relate to alleged         — order the defendant to pay the costs .
           agreements concerning the partition of the market
                                                                      Pleas in law and main arguments adduced in support:
           in Saarland and the general regulation of cement
           supplies between France and Germany, are not               The pleas in law and main arguments are the same as those
           substantiated by the evidence adduced . Similarly,         relied on in Case T-33/95 .
           the objections regarding the exchange of statistical
           data between the SFIC and the applicant are based
           on erroneous assumptions of fact.
      4. The applicant did not participate in the alleged                   Removal from the register of Case T-503/93 ( l )
           activities of which the Commission complains
           regarding the Greek cement industry and/or the                                     ( 95/C 101 /42
           protection of the Italian market.
                                                                                     (Language of the case: French)
III. The applicant objects that the imposition of a fine is
      inadmissible, since no intentional or negligent act on          By order of 7 March 1995 the President of the Second
      the part of any representative or employee appointed            Chamber of the Court of First Instance of the European
      by law or in accordance with its statutes, or any other         Communities ordered the removal from the register of Case
      person authorized by it, can be attributed to the               T-503/93 : Alain-Pierre Alio v. Commission of the European
      applicant.                                                      Communities .
                                                                      (M OJ No C 272, 8 . 10 . 1993 .