CELEX: C2007/056/27
Language: en
Date: 2007-03-10 00:00:00
Title: Case C-509/06 P: Appeal brought on 15 December 2006 by Akzo Nobel NV against the judgment of the Court of First Instance (Third Chamber) of 27 September 2006 in Case T-330/01 Akzo Nobel NV v Commission

10.3.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 56/15
            
         Appeal brought on 15 December 2006 by Akzo Nobel NV against the judgment of the Court of First Instance (Third Chamber) of 27 September 2006 in Case T-330/01 Akzo Nobel NV v Commission
   
   (Case C-509/06 P)
   (2007/C 56/27)
   Language of the case: Dutch
   Parties
   
      Appellant: Akzo Nobel NV (represented by: C. Swaak, advocaat)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought
   
               —
            
            
               Set aside the judgment delivered by the Court of First Instance (CFI) on 27 September 2006 in Case T-330/01;
            
         
               —
            
            
               Annul Articles 3 and 4 of Commission Decision C(2001) 2931 final of 2 October 2001;
            
         
               —
            
            
               Order the Commission to pay the costs of the present appeal.
            
         Pleas in law and main arguments
   
               (1)
            
            
               The CFI appears to have erred in law in finding that liability for an infringement committed by a Community undertaking can be attributed not only to its parent companies but also — and primarily — to the head holding company which indirectly holds the shares in one of the two parent companies.
            
         
               (2)
            
            
               The CFI appears to have erred in law in forming the view that arguments which were not raised in the course of the administrative procedure before the Commission may not be invoked for the first time before the CFI.