CELEX: C2000/316/64
Language: en
Date: 2000-11-04 00:00:00
Title: Case T-227/00: Action brought on 28 August 2000 by Far Eastern Textiles Ltd. against the Council of the European Union

C 316/34              EN                     Official Journal of the European Communities                                      4.11.2000
Action brought on 28 August 2000 by Far Eastern Textiles                Pleas in law and main arguments
       Ltd. against the Council of the European Union
                                                                        The factual and legal framework is similar to that in cases
                         (Case T-227/00)                                T-220/00, T-223/00 and T-224/00.
                         (2000/C 316/64)
                                                                        The applicants’ sole submission is that the amount of the fine
                                                                        imposed on them by the decision violates several rules and
                                                                        principles of Community law and should be substantially
                  (Language of the case: English)                       reduced. The specific claims of the applicants are the following:
An action against the Council of the European Union was                 —     the application of the new fining rules violates fundamen-
brought before the Court of First Instance of the European                    tal principles of legal certainty
Communities on 28 August 2000 by Far Eastern Textiles Ltd.,
represented by Philippe De Baere of Van Bael & Bellis, Brussels.
                                                                        —     the failure to take into account the EEA lysine turnover
                                                                              of the applicants violates the principle of proportionality
The applicant claims that the Court should:
                                                                        —     in determining the starting point for the fine, the
—     annul Articles 1 and 2 of Council Regulation (EC)                       Commission did not correctly assess the considerable
      No. 978/2000 to the extent that they affect the applicant;              disparity between the sizes of the undertakings concerned
      and,                                                                    and, as a result, discriminated against the applicants
—     order the defendant to bear the costs of the proceedings.
                                                                        —     the Commission has incorrectly applied the Leniency
                                                                              Notice (1) with regard to the applicants and thereby denied
                                                                              the applicants the substantial reduction in the fine to
Pleas in law and main arguments                                               which they are entitled
The pleas in law and main arguments are similar to those                —     in determining the fine imposed on the applicants, the
invoked in case T-226/00, Nan Ya Plastics/Council.                            Commission has failed to take into account, as an
                                                                              attenuating circumstance, the limited extent to which the
                                                                              applicants implemented the offending agreements.
                                                                        (1) Commission Notice on the non-imposition or reduction of fines
                                                                            in cartel cases, OJ C 207, of 18 July 1996, p. 4.
Action brought on 30 August 2000 by Daesang Corpor-
ation and Sewon Europe GmbH against the Commission
                of the European Communities
                         (Case T-230/00)
                         (2000/C 316/65)
                                                                        Action brought on 31 August 2000 by Adriatica di
                                                                        Navigazione SpA and the Comitato ‘Venezia vuole vivere’
                  (Language of the case: English)                            against Commission of the European Communities
An action against the Commission of the European Communi-                                          (Case T-231/00)
ties was brought before the Court of First Instance of the
European Communities on 30 August 2000 by Daesang
                                                                                                   (2000/C 316/66)
Corporation and Sewon Europe GmbH, represented by Jean-
François Bellis, Andrzej Kmiecik and Stephanie Reinart of Van
Bael & Bellis, Brussels.
                                                                                             (Language of the case: Italian)
The applicant claims that the Court should:
                                                                        An action against the Commission of the European Communi-
—     reduce the amount of the fine imposed on the applicants           ties was brought before the Court of First Instance of the
      by Commission Decision C (2000) 1565 final of 7 June              European Communities on 31 August 2000 by Adriatica di
      2000; and                                                         Navigazione SpA and the Comitato ‘Venezia vuole vivere’,
                                                                        represented by Mario Siragusa and Francesca Maria Moretti, of
—     order the Commission to bear the costs.                           the Rome and Venice Bars.