CELEX: C2002/156/68
Language: en
Date: 2002-06-29 00:00:00
Title: Case T-136/02: Action brought on 18 April 2002 by Papelera Guipuzcoana de Zicuñaga, S.A. against Commission of the European Communities

29.6.2002              EN                     Official Journal of the European Communities                                     C 156/37
Pleas in law and main arguments                                          Pleas in law and main arguments
In support of his action, the applicant argues infringement of
                                                                         The Commission decision against which the present action is
Article 45(1) of the Staff Regulations, infringement of the
                                                                         brought is the same as that contested in Case T-109/92 Bolloré
principle of non-discrimination and a manifest error of
                                                                         v Commission (1). In that decision, the Commission found that
assessment. According to the applicant, any objective consider-
                                                                         the applicant had participated in the national meetings of
ation of the respective merits of the officials eligible for
                                                                         the secret European cartel in the context of the European
promotion would not have led to his being disregarded.
                                                                         Association of Manufacturers of Carbonless Paper (AEMPC),
                                                                         the adoption and concerted application of price increases, the
                                                                         sharing of sales and market quotas in the copying paper sector
                                                                         and the establishment of control mechanisms.
                                                                         In support of its claims, the applicant pleads infringement of
Action brought on 18 April 2002 by Papelera Guipuz-                      the principles of presumption of innocence and of the burden
coana de Zicuñaga, S.A. against Commission of the                       of proof. In that regard, it denies having participated in the
                     European Communities                                meetings held for the purpose of organising the European
                                                                         cartel. The applicant emphasises that the defendant institution
                                                                         ignored not only the fact that the applicant does not belong to
                         (Case T-136/02)                                 the AEMPC but also the fact that that association did not
                                                                         possess information relating to the applicant’s prices and sales
                                                                         volumes.
                         (2002/C 156/68)
                   (Language of the case: Spanish)                       The applicant claims that the fine imposed on it should be
                                                                         reduced by at least 60 %. Apart from what has already been
                                                                         stated in the preceding paragraph, the applicant emphasises
                                                                         that the infringements imputed to it are alleged to have lasted
An action against the Commission of the European Communi-                for less than one year.
ties was brought before the Court of First Instance of the
European Communities on 18 April 2002 by Papelera Guipuz-
coana de Zicuñaga, S.A., whose registered office is at Hernani
(Guipúzcoa, Spain), represented by Iñigo Quintana Aguirre.
                                                                         (1) Not yet published in OJ.
The applicant claims that the Court of First Instance should:
—     annul Article 1 of the Commission decision of 20 Decem-
      ber 2001 relating to a proceeding pursuant to Article 81
      of the EC Treaty and Article 53 of the EEA Agreement
      (Case COMPE/E/1/36.212 — Carbonless paper), in so far
      as it finds that Zicuñaga participated in the infringement
      and in so far as it relates to the duration of the                 Action brought on 8 May 2002 by Armin Petrich against
      infringement, and Article 3 in relation to the fine imposed               the Commission of the European Communities
      in Article 4;
—     in the alternative, reduce the fine imposed on the                                          (Case T-145/02)
      applicant in the contested decision as follows:
      (a)   annul the application of the excess of 10 % applied                                   (2002/C 156/69)
            by the Commission on the ground that a duration
            in excess of one year was not imputed to the
            applicant;                                                                      (Language of the case: French)
      (b) reduce substantially (by a minimum of 60 %) the
            basic penalty imposed to take account of the
            mitigating circumstances indicated;                          An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
      (c)   award costs to the applicant, including expenditure          European Communities by Armin Petrich, of Travemünde,
            and interest for the guarantees provided, deriving           Germany, represented by Patrick Goergen, lawyer, with an
            from the handling of the entire procedure.                   address for service in Luxembourg,