CELEX: C2003/101/81
Language: en
Date: 2003-04-26 00:00:00
Title: Case T-54/03: Action brought on 14 February 2003 by Lafarge SA against Commission of the European Communities

C 101/46               EN                       Official Journal of the European Union                                         26.4.2003
In support of its application the applicant submits the                 Action brought on 14 February 2003 by Lafarge SA
following contentions:                                                      against Commission of the European Communities
                                                                                                  (Case T-54/03)
—     the defendant violated the rights of the defence and the
      principle of equality of arms. More specifically, the                                      (2003/C 101/81)
      applicant alleges that the defendant used information
      obtained from a third party as well as information
      contained in the replies of the other parties to the                                 (Language of the case: French)
      defendant, and that all of that information was not
      revealed to the applicant.
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
—     the evidence advanced by the defendant does not substan-          European Communities on 14 February 2003 by Lafarge SA,
      tiate its claims and the defendant has failed to meet the         established in Paris, represented by Henry Lesguillons, Nathalie
      high standard of proof which the applicant considers is           Jalbert-Doury, Jean-Cyril Bermond, Antoine Winckler, François
      required in such proceedings.                                     Brunet and Igor Simic, lawyers.
                                                                        The applicant claims that the Court should:
—     the defendant made manifest errors in its assessment of
      information, leading it to an incorrect decision and
      misuse of its powers.                                             —     annul the decision adopted by the Commission of the
                                                                              European Communities on 27 November 2002 in Case
                                                                              COMP/E-1/37.152 in so far as it concerns Lafarge SA and
                                                                              Lafarge Gypsum International SA;
—     the defendant violated Article 253, EC, in that it failed to
      provide sufficient or adequate reasons for its decision           —     in the alternative, annul or reduce the amount of the fine
                                                                              imposed on it by that decision;
                                                                        —     order the Commission of the European Communities to
                                                                              pay the costs.
The applicant further contends that in setting the fine the
defendant misapplied its powers under Article 15, paragraph 2,
of Regulation 17/62 and its own Guidelines on setting
fines, violated the principles of Community law and acted               Pleas in law and main arguments
unreasonably. In particular, the applicant contends that:
                                                                        The decision which is the subject of the present application
                                                                        concerns an agreement or arrangement between BPB, Gebruder
—     the basic amounts of the fine imposed for gravity and             Knauf Westdeutsche Gipswerke AG, Gyproc Benelux and the
      duration are disproportionate, arbitrary, and contrary to         applicant on the plasterboard market.
      the principles of proportionality and equal treatment
                                                                        In support of its claims, the applicant alleges that the
                                                                        Commission infringed Article 81 of the EC Treaty and
—     the 50 % uplift for aggravating circumstances is excessive        committed manifest errors of assessment inasmuch as the
      and disproportionate and offends the principle of equal           decision finds that Lafarge SA committed a single complex
      treatment                                                         continuous infringement, which the applicant denies.
—     the defendant failed to take account of any attenuating           The applicant also takes the view that:
      circumstances
                                                                        —     the defendant infringed its right to a fair hearing guaran-
                                                                              teed under Article 6 of the ECHR;
—     the defendant erred in its application of its Leniency            —     the defendant infringed essential procedural requirements
      Notice in violation of the principles of equal treatment                and rights of the defence. In that respect, the applicant
      and legitimate expectation                                              claims that the defendant used statements from the parties
                                                                              made during the procedure and that the proceedings were
                                                                              vitiated by constant infringements of the principle of
                                                                              equality of arms;
                                                                        —     the defendant infringed the principle of impartiality.
 ---pagebreak--- 26.4.2003               EN                         Official Journal of the European Union                                         C 101/47
In support of its claims the applicant alleges, in the alternative,              and the remuneration corresponding to classification in
that the defendant infringed Article 15(2) of Regulation No 17,                  the next higher grade and step, together with default
Article 253 EC and the principles of proportionality and of                      interest at 5,7 % per annum as from 16 March 2001;
equal treatment by:
                                                                           —     order the defendant to pay damages and interests assessed,
—      imposing on the applicant a fine in excess of 10 % of its                 ex æquo et bono, at EUR 500 a month as from 16 March
       worldwide turnover;                                                       2001 until the date they are paid;
—      imposing on the applicant an global fine in respect of              —     order the defendant to pay the costs.
       allegedly discrete infringements;
—      increasing the ‘starting amount’ as a deterrent and on the
       ground of aggravating circumstances;                                Pleas in law and main arguments
—      applying an excessive multiplication factor;
                                                                           The applicant in these proceedings challenges the decision of
                                                                           the appointing authority refusing to classify him in Grade A6,
—      not reducing the fine on the ground of attenuating                  Step 3, on his taking up his duties with the defendant following
       circumstances or by virtue of the ‘Amnesty Notice’ (1).             competition EUR/A/154 for the recruitment of administrators
                                                                           (career bracket A 7/A 6) in auditing and accounting.
( 1) Published in OJ 1996 C 207 p. 4.
                                                                           In support of his claims he alleges:
                                                                           —     infringement of Article 31(2) of the Staff Regulations, of
                                                                                 the decision of 1 September 1983 on the criteria
                                                                                 applicable to appointment to grade and classification in
                                                                                 step on recruitment and of the Administrative Guide;
Action brought on 12 February 2003 by Philippe Brendel                     —     infringement of the principle patere quam ipse legem
     against Commission of the European Communities                              fecisti and of equal treatment;
                                                                           —     that there was in the circumstances a manifest error of
                           (Case T-55/03)                                        assessment;
                          (2003/C 101/82)                                  —     disregard of the duty to have regard to the interests of
                                                                                 officials and the duty to state reasons;
                    (Language of the case: French)                         —     infringement of Article 39 EC.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 February 2003 by Philippe
Brendel, residing in Brussels, represented by Georges Vander-
sanden and Laure Levi, lawyers.
                                                                           Action brought on 10 February 2003 by Bioelettrica S.p.A.
                                                                           against the Commission of the European Communities
The applicant claims that the Court should:
                                                                                                     (Case T-56/03)
—      annul the decision taken by the appointing authority of
       3 May 2002 classing the applicant in Grade A 7, Step 2                                       (2003/C 101/83)
       with effect from 16 March 2001 and, so far as is
       necessary, annul the decision of 25 October 2002,
       notified on 4 November 2002, to reject the applicant’s                                  (Language of the case: Italian)
       complaint;
—      order the defendant to pay the balance of the remuner-
       ation consisting of the difference between the remuner-             An action against the Commission of the European Communi-
       ation corresponding to classification in Grade A 7, Step 2,         ties was brought before the Court of First Instance of the