CELEX: C1995/119/38
Language: en
Date: 1995-05-13 00:00:00
Title: Action brought on 22 February 1995 by Compañía Valenciana de Cementos Portland SA against the Commission of the European Communities (Case T-52/95)

13 . 5 . 95           EN                 Official Journal of the European Communities                                No C 119/17
9 . Breach of the principle of proportionality.                          7. A new objection, not contained in the Statement of
                                                                              Objections, was made;
(M OJ No L 343 , 30 . 12 . 1994, p . 1 .
                                                                         8 . Irregular consulting of the Advisory Committee.
                                                                     II. Errors in interpreting the evidence available and
                                                                         undervaluation of the evidence favourable to the
                                                                         applicant:
    Action brought on 22 February 1995 by Comparua
     Valenciana de Cementos Portland SA against the                      1 , as regards the so-called 'Cembureau Agreement',
          Commission of the European Communities                              the Decision failed to take account of the fact that
                        ( Case T-52/95 )                                      the applicant is not a member of 'Cembureau';
                          95/C 119/38
                                                                         2 , as regards the participation of the applicant in the
                                                                              'European     Export     Policy   Committee',      the
                (Language of tbe case: Spanish)                               Commission      failed  to   take  account    of the
                                                                              non-participation of the applicant as from 1986,
An action against the Commission of the European                              when it began to concentrate all its exports in the
Communities was brought before the Court of First                             USA; neither did it demonstrate the connection
Instance on 22 February 1995 by Compania Valenciana de                        between cooperation for exporting to non-member
Cementos Portland SA, represented by Santiago Martinez                        countries and the rule of respecting national
Lage and Jaime Pérez-Bustarnente Kôster, of the Madrid                        markets;
Bar, with an address for service in Luxembourg at the
Chambers of Aloyse May, 31 Grand Rue,                                    3 , as regards the applicant's participation in the
                                                                              'White Cement Committee ', the Decision failed to
                                                                              take into account the fact that there is no evidence
The applicant claims that the Court should :                                  whatsoever that the meetings at which the
                                                                              applicant was present adopted or applied any
— declare in whole or in part Articles 1 to 11 of                             rule of respecting national markets and that
    Commission Decision 94/815/EC of 30 November 1994
                                                                              cooperation between the members of the
    to be void as far as the applicant is concerned,                          Committee did not give rise, at least in so far as the
                                                                              applicant is concerned, to any solidarity.
— in the alternative, alter Articles 9 and 10 of the
    aforementioned Decision so as to reduce the amount of
    the fine imposed on Compania Valenciana, and                    III. Misapplication of Article 85 of the EC Treaty to the
                                                                         facts in issue through the finding that, through
— order the Commission to pay the costs .                                cooperation over exports to non-member countries,
                                                                         the supply of Community production surpluses was
                                                                         hindered, without the effect on Community trade as a
Pleas in law and main arguments adduced in support:
                                                                         result of such cooperation being established.
The applicant relies upon the following grounds:
                                                                    IV. As regards the fine, the applicant argues that its amount
  I. Breach of essential procedural requirements during                  is excessive since the Decision failed to take into
      examination of the file before the Commission and                  account the mitigating circumstances in its favour
      once the Decision was adopted . Those defects, which               which would have justified a significantly reduced
      prevented the applicant from defending itself                      fine .
      adequately against the objections raised against it, are
      as follows :
      1 . Improper notification of the decision;
      2 . The objections raised were not sufficiently
           precise;                                                    Action brought on 22 February 1995 by The Rugby
                                                                        Group pic against the Commission of the European
                                                                                             Communities
      3 . Inadequate notification of the Statement of
           Objections and inadequate access to the file;                                   (Case T-53/95 )
                                                                                            ( 95/C 119/39 )
     4. Absence of a real table of documents;
      5 . Breach of the fundamental right to the heard;                            (Language of the case: English)
      6 . Absence of a complete translation of the Statement       An action against the Commission of the European
           of Objections, the documents cited therein and the       Communities was brought before the Court of First
           minutes of the hearing;                                  Instance of the European Communities on 22 February by