CELEX: C2001/331/38
Language: en
Date: 2001-11-24 00:00:00
Title: Case T-208/01: Action brought on 10 September 2001 by Volkswagen AG against the Commission of the European Communities

24.11.2001             EN                     Official Journal of the European Communities                                       C 331/23
Action brought on 10 September 2001 by Volkswagen                        Referring to the case-law of the Court of Justice, the applicant
AG against the Commission of the European Communi-                       submits that Volkswagen’s written and oral requests were
                                ties                                     unilateral measures and not agreements within the meaning of
                                                                         Article 81(1) EC. They were not incorporated in the dealership
                                                                         agreement and the Contracting Parties did not subsequently
                         (Case T-208/01)                                 make them part of the agreement.
                         (2001/C 331/38)
                                                                         Further, the applicant maintains that there is no appreciable
                                                                         effect on trade between the Member States. It has not been
                   (Language of the case: German)                        proved that increasing or decreasing the discount by a few
                                                                         percentage points would have led to a noticeable increase in
                                                                         parallel trade.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               Finally, the applicant submits that the fine imposed on it is
European Communities on 10 September 2001 by Volkswag-                   unfounded. Even supposing that there were infringement of
en AG, Wolfsburg (Germany), represented by R. Bechtold,                  Article 81(1), the fine is excessively high.
lawyer.
The applicant claims that the Court should:
—     Annul the Commission’s decision of 29 June 2001 (Case
      COMP/F-2/36.693 — Volkswagen);
                                                                         Action brought on 12 September 2001 by Honeywell
                                                                         International Inc. against the Commission of the European
—     in the alternative, reduce the fine imposed by Article 2 of                                   Communities
      the Decision;
                                                                                                   (Case T-209/01)
—     order the Commission to pay the costs.
                                                                                                  (2001/C 331/39)
Pleas in law and main arguments                                                             (Language of the case: English)
At the time of the launch of the new ‘VW Passat’ onto
the German market, the Volkswagen marketing director for                 An action against the Commission of the European Communi-
Germany sent a circular urging German Volkswagen dealers                 ties was brought before the Court of First Instance of the
and garages not to sell the new models for less than the                 European Communities on 12 September 2001 by Honeywell
recommended retail price and to observe ‘strict price disci-             International Inc., represented by Paul Lasok QC and Frederic
pline’.                                                                  Depoortere of Skadden, Arps, Slate, Meagher & Flom LLP,
                                                                         Brussels (Belgium).
On the basis of a complaint made by a car buyer, the
Commission initiated a formal procedure, which led to the                The applicant claims that the Court should:
adoption of the contested Decision. In the Decision, the
Commission found that the applicant, by fixing the selling               —     join the present case with the action brought by General
price of the VW Passat on the basis of the abovementioned                      Electric Co. for annulment of the Commission’s decision
request, had infringed Article 81(1) EC. A fine of EUR                         of 3 July 2001,
30,96 million was imposed on the applicant.
                                                                         —     order such measures of inquiry (including the hearing as
                                                                               witnesses or, as the case may be, as experts of the persons
In support of its claims, the applicant argues that the conduct                identified in this application) as may appear necessary,
complained of and not disputed by it did not infringe
Article 81(1) EC. It admits that its employees contravened
German competition law in a way attributable to it. However,             —     annul the Commission’s decision of 3 July 2001,
the applicant submits that Article 81(1) does not contain a
prohibition on making recommendations. That provision                    —     take such other or further steps as justice may require,
prohibits only anticompetitive agreements, decisions and
concerted practices but not requests and mere recommen-                  —     order the Commission to pay its own and Honeywell’s
dations.                                                                       costs.